MAHESH RAY Vs. RATNA MALA RAY

JUDGEMENT

(1.) This is an appeal preferred by the appellant/husband against judgment and decree dtd. 7/8/2019 passed by the Judge, Family Court, Ambikapur (CG) in Civil Suit No. 172A/2014 whereby application preferred by the appellant/husband under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955'), for grant of decree of divorce, has been dismissed.

(2.) Facts of the case, in brief, are that both the parties are legally wedded spouses. Their marriage was solemnized on 13/5/1992 and they have 4 children. It is alleged by appellant that since beginning of their marriage, respondent-wife was under influence of her mother. On being asked by her, she frequently used to go to her mother's house, when appellant-husband went to bring her back, respondent and her mother insulted him saying that he is not suitable husband for respondent. She would not lead further marital life with him and also not ready to lead her life serving parents of husband and children. Due to such persistent insulting and humiliating behaviour of respondentwife, husband was in mental depression, therefore, in the year 2011, he had resigned from police service, despite efforts made by him and his relatives, conduct and behaviour of wife did not change. In the month of March, 2013, in absence of appellant and his mother, wife along with children left his house and thereafter she is residing along with their children in her parental house. Despite efforts made by husband to bring them back, respondent did not join his company, thus, she is living part from husband, therefore, husband filed application seeking decree of divorce on the ground of cruelty.

(3.) In reply, respondent-wife has denied all the allegations leveled and has submitted that neither she nor her mother has humiliated or insulted appellant, nor she herself has left his company. It is pleaded that appellant-husband is police constable, therefore, he always misbehaved with respondent and their children and used to harass them by beating also. Due to his such conduct, she along with children were facing mental pressure as they were living there in fear, which adversely affected the children. Many times, appellant did not return home for long period. In the month of April, 2013 after completion of examination of children, respondent-wife went to her mother's house, therefore, appellant-husband got angered and refused to keep her and children in his house. On being complaint made by respondent-wife in Mahila police station, Ambikapur, counselling was done, appellant was also explained by family and social members , despite that, he was not ready to keep them with him. Therefore, father-in-law of respondent had managed residential accommodation and means for them. It is further pleaded that since August, 2013, appellant has kept wife (namely Basanti) of brother of respondent as concubine in his house and he is residing with her as husband and wife, therefore, he has deserted respondent and their children, thus, she is compelled to live apart from appellant-husband by his own. Therefore, he is not entitled for grant of any relief sought for by him.