ARUN BECK Vs. ALMA JYOTI BECK

JUDGEMENT

(1.) Appellant-Husband preferred this appeal against the judgment and decree dtd. 22/8/2019 passed by the Family Court, Ambikapur, District Surguja, C.G. in Civil Suit No.64-A/2016, whereby the application filed under Sec. 10 of Indian Divorce Act, 1869 (for short, 'the Act, 1869') by the husband/appellant for grant of decree of divorce has been dismissed.

(2.) The facts, in brief, are that marriage between the appellant/husband and respondent / wife was solemnized on 27/5/1996 according to the custom of Christian religion. After marriage, the respondent / wife joined the company of the husband and out of their wedlock, two children were born. It is stated by the appellant-husband that respondent-wife is working as Siksha Karmi Grade-I in Churcha High School, whereas he is working as Assistant Administrative Officer in LIC, Manendragarh. During their stay at Manendragarh, the behaviour of respondent-wife has become cruel towards him and she used to have quarrels with him with respect to preparation of food etc. It is alleged by him that respondent-wife used to suspect his character and used to abuse him in filthy language. It is also pleaded by him that since both of them are government employees, therefore, he called her sister at Manendragarh to look after children, which was vehemently opposed by the respondent-wife. It is further alleged by him that respondent-wife used to have quarrels with him continuously and thus misbehaved cruelly towards him and after calling her brother, left the matrimonial home. It is also pleaded that respondent-wife returned to Manendragarh from her parental home, but she started living in a rented house in his neighbourhood. He made all possible efforts to bring the respondent-wife back, but she refused. Respondent-wife used to pressurize him to leave his family and stay with her. In the year 2010, he transferred to Pathalgaon from Manendragarh and in his absence, respondent-wife threatened his sister and took his children along with her. He has also pleaded that respondent-wife also made false report against him under Sec. 294, 506-B and 498-A IPC and thereafter, during trial, the case was compounded between the parties for the offence under Ss. 294 and 506-B of IPC whereas the appellant was acquitted of the charge under Sec. 498A of IPC vide judgment dtd. 24/2/2010 passed by the Judicial Magistrate First Class, Manendragarh. It is further pleaded that respondent-wife had moved an application under Sec. 125 of Cr.P.C. for grant of maintenance and on the basis of compromise before the Family Court, he is giving maintenance of Rs.1,500.00 each to his children. As the respondent-wife is residing separately for more than 7 years from him and there is no possibility of cohabitation between them as he was deserted by her without any sufficient cause, therefore, the appellant is entitled to decree of divorce.

(3.) The respondent-wife filed its written statement denying the averments pleaded in the suit filed by the appellant-husband. She has specifically stated that no cruelty has ever been committed by her. It is also specifically stated by her that she has neither suspected the character of her husband nor pressurized him to oust her her sister-in-law nor prevented him to help his family financially. It is also stated by her that since 2010, she has been living in the house of appellant-husband along with her children and she is always ready and willing to join the company of the husband and is ready to perform matrimonial obligations and their relationship is cordial and it was the appellant-husband who used to ill-treat her frequently. Therefore, it was prayed by her that the application filed by the appellant- husband seeking dissolution of marriage be dismissed.