PAYAL SHARMA Vs. UMESH SHARMA

JUDGEMENT

(1.) Heard. The present appeal is against the judgment and decree dtd. 30/10/2021 (ANNEXURE A/1) passed by the learned Family Court, Raigarh, District Raigarh, C.G. in Civil Suit No.31-A/2020 whereby the application filed by the wife seeking divorce on the ground of cruelty was dismissed. Being aggrieved by such judgment and decree, the instant appeal is by the wife/appellant.

(2.) The respondent was ex-parte before the family Court. Here before this Court too despite service of the notice, the respondent/husband has not made any representation.

(3.) The brief facts of the case are that the parties were married on 02/02/2006 and out of such marital relation one son and one daughter were born, who at the time of filing of the petition were stated to be 10 years and 13 years of age. Wife contended that the dispute occurred because of the excessive drinking of liquor-whisky which resulted into severe intoxication and consequently the husband used to beat the wife and used to sell the entire household goods. It is stated that the brother of the appellant/wife used to cater the daily needs of family including the payment of the school fees of the children. It was also stated that the husband was not doing anything and because of such habit of consumption of liquor, the condition of the entire family deteriorated and when the husband was advised to work, in counter he used to beat the wife. It was further stated that on 26/05/2016 she was assaulted and abused under intoxicated state by the husband as such she was forced to live along with her two children at her parental home.