RAINPREET KAUR Vs. KULBIR CHHABRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 26/10/2017 passed by the Family Court, Rajnandgaon, District Rajnandgaon (CG), in Civil Suit No.29A/2013, wherein, a decree of divorce is granted to the husband on the ground of desertion. The issues were framed on the ground of desertion as to whether the wife/appellant has left the husband without any lawful clause and it was answered in affirmative. In the averments made in body of the impugned order, one of the grounds of cruelty was also made, which was at the behest of the wife to the husband. The wife being aggrieved by the said judgment and decree, has preferred this appeal.

(2.) Brief facts of the case are that the parties were married on 29/11/2002 and out of their wedlock, a male child was born namely Sehaj Singh Chhabra. It was alleged that after the marriage, the wife hardly resided with her husband for a period of three years and since 13/8/2010, she has been residing in her parental home. It was further stated by the husband that he being the only son of his parents, had to look after them, however, the wife insisted him to live separately from them and further, according to her wishes, they resided separately but the issue did not resolve. Eventually, on 13/8/2010, a social meeting was called in a Gurudwara at Rajnandgaon at the behest of the wife and her parents. On the said date, the husband and his family members could not remain present, therefore, a subsequent date of 18/8/2010 was given to them. On 18/8/2010, the husband and his family were present but the wife and his family members were not present and thereby, all the efforts of reunion failed. Consequently, both the husband and wife have been residing separately since 13/8/2010 and on this ground, a decree of divorce was sought for. In response to the averments, the wife alleged that she was subjected to indecent behaviour and abusive language by the husband and he also used to beat her frequently but she endured all this to save her married life and continued to bear such torture and misbehaviour with a hope that one day such behavior of her husband will improve and everything will be alright. She further stated that she was left along at the old house and all the family members moved to another house and thereby, she was deserted by the husband, who extended physical and mental cruelty to her, therefore, no ground existed to grant a decree of divorce to the husband.

(3.) The Family Court, on the basis of pleadings, framed the issues solely on the ground of desertion. The issues so framed are reproduced hereunder : <FRM>JUDGEMENT_39_LAWS(CHH)10_2023_1.html</FRM>