PUSPLATA SHUKLA Vs. RAMBAHOR SHUKLA

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and decree dtd. 19/7/2018 passed by the Family Court, Ambikapur, District Sarguja in Civil Suit No.10-A/2017 whereby the suit filed by the respondent/husband for grant of decree of divorce under Sec. 13 of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion was allowed. The appellant/wife is in Appeal before this Court.

(2.) Admittedly, the marriage between the parties was solemnized on 21/2/1985 as per the social rituals and out of such relations, 3 daughters were born and at the time of filing of the suit on 17/1/2017, they were aged about 28, 23 and 18 years respectively. It was stated that after the marriage first posting of the husband was made at Odgi Health Centre and the wife started living with the respondent and at that time, parents of the respondent were also residing with him. Thereafter the wife started raising quarrel and made a demand that she was not willing to reside in the rural areas and wanted to live at Ambikapur city. Though the husband had tried to convince her but she remained stubborn to her demand and because of such dispute, she returned to her parental house at village Kudekala, District Raigarh. After some days, on being convinced, she returned and joined the matrimonial house. For some days, she lived happily, but the behaviour of the wife was not changed. Meanwhile, the husband was transferred to Baijnathpur, Tehsil Bhaiyyathan where also parents of the respondent were residing with him and the wife also raised quarrel in the said place and clearly stated that she is not willing to live with him. On 29/10/1999, while returning from duty, the respondent/husband met with an accident while riding the scooter. On the said day, father-in-law reached his house. After staying for 2 days, on 1/11/1999, the appellant/wife returned along with her father to her parental house and thereafter she never returned to matrimonial house. Though the respondent/husband has made efforts several times to bring her back, but all efforts went in vain. The nature of appellant/wife is cruel and she has also lodged false report under Sec. 498-A of the IPC and also made a false complaint under the Protection of Women from Domestic Violance Act, 2005 before the Ambikapur Court. Based on such pleadings, the respondent/ husband has sought divorce.

(3.) Written statement has been filed by the appellant/wife denying the plaint averments. She has stated that parents of the respondent/ husband never resided along with her husband and parents of the respondent/husband were residing along with elder son Ram Darsh Shukla at village Shahpur, District Rewa (MP). She has further pleaded that she never said that she is not willing to reside in the rural areas and would plead that her father was a Teacher and he was always posted in the rural areas. She would further plead that after the marriage, the respondent/husband raised a demand of a Car and he used to harass her for bringing less dowry and on the petty issues used to beat her. When the respondent/husband met with an accident, after 15 days of such accident, when father of the wife visited to see him, he found that the respondent was well and he rudely behaved with her father and humiliated him. At that time, the respondent/husband himself ousted the wife and both daughters from the matrimonial house. She would further pleads that when the marriage of elder daughter was fixed and the same was intimated to the respondent/husband, he has not taken any responsibility and also not borne any expenditure of the marriage. She would further pleads that the other two daughters have also attained the age of marriage. She is suffering from arthritis and is unable to walk. The respondent/husband, on false ground;, has filed the divorce petition, which deserves to be dismissed.