KHEMLATA CHOUHAN Vs. RATAN LAL

JUDGEMENT

(1.) The instant appeal is against the judgment and decree dtd. 30/10/2014 passed in Civil Suit No.08-A/2013 by the Family Court, Korba, District Korba Chhattisgarh whereby application under Sec. 13(1)(i-a)(i-b) as well as Sec. 27 of the Hindu Marriage Act, 1955 (for short 'Act of 1955') filed by the wife seeking a decree of divorce on the ground of cruelty and desertion was dismissed, but the learned Family Court has directed to return of Stridhan.

(2.) The present appeal is by the wife.

(3.) The appellant/wife filed a petition for divorce stating inter-alia that she was married to Ratan Lal prior to seven years at village Katainaar, District Korba as per Hindu customs. After the marriage, she joined the company of husband. It was stated that up-till 4 years after the marriage, the relations between them were cordial, but subsequently, she alleged that husband and her in-laws were demanding dowry and subjected her to physical harassment and mental cruelty, therefore, the situation became aggravated day by day. It is further pleaded that quarrels and fighting between the parties had become regular phenomena and on 23/10/2009, the husband forcibly dropped her in her maternal house. The husband also threatened her her parents on demand of dowry. It is pleaded that despite the efforts made by elders and relatives, the husband was not ready to improve his behavior, therefore, it would be difficult to restore harmony/cordial relations between them. It was also pleaded that because of assault and torture, she was forced to leave the house and was threatened to her life. It is further submitted that because of such misbehaviour and cruelty, it would be difficult for her to say with him and maintained marital relations. On these grounds, the decree of divorce was sought for.