PRATAP DAHARIYA Vs. GIRJA BAI

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 13/02/2019 (Annexure A/1) passed by the learned Family Court, Janjgir, District Janjgir-Champa, C.G., whereby the application filed by the husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') seeking divorce on the ground of cruelty was dismissed.

(2.) The brief facts of the case are that the marriage was solemnized in between the parties on 12/05/2009 at village Lachchanpur, District Janjgir-Champa, C.G. and out of the wedlock a child was born. The husband made averments that he was working as Teacher and whenever he used to come late, the wife raised suspicion on his character and further she failed to discharge her matrimonial obligations apart from the fact it was stated that the physical appearance of the husband was also targeted to be ugly. The husband further stated that false allegations were leveled for demand of dowry against him and entire family members. It is further averred that the wife tried to commit suicide and also used to extend threat to commit suicide. Making allegation that on 28/06/2013, the wife called the members from her parental home; extended threat; and lastly on 03/07/2013 a report was made under Sec. 498-A, 323 read with Sec. 34 of IPC. In the mids of that, certain compromise was arrived at, but the wife continued her aggressive behaviour to extend threat to commit suicide and extended further threat to kill the child by consuming some insecticide poison. On these different grounds the divorce was sought for.

(3.) In response to the averments made by the husband, the wife stated that the husband has an illicit relation with a lady outside the marriage and further she was subjected to torture for demand of dowry and an amount of Rs.2,00,000.00 (Two Lakhs) was demanded by way of dowry. The wife further stated that after birth of child certain compromise took place in between them but eventually it did not last. Further a report was made under Sec. 498-A read with Sec. 34 of the IPC against the husband and the family members. She further stated that she was forced to leave the matrimonial house by husband and on false grounds the divorce is sought for. Therefore, the petition be dismissed.