VINITA THETHWAR Vs. SATYENDRA THETHWAR

JUDGEMENT

(1.) Heard. The present appeal is against the judgment and decree dtd. 16/12/2020 passed by the Family Court, Raigarh in Civil Suit No. F-5 A/2019 whereby, the suit filed by the husband for divorce has been decreed. The wife has filed this appeal against the decree granted in favour of the husband.

(2.) The brief facts of this case are that the appellant and the respondent got married on 25/5/2010 at Shivrinarayan, Janjgir- Champa and thereafter she joined her matrimonial home. The pleading of the husband was that after she joined her matrimonial home, she did not properly behave with her in-laws and because of such behavior, the mother of the husband became ill and the family meeting was convened. As a result of that, it was decided that the husband and wife would stay separately. Thereafter, they started to stay separately in one accommodation on different floors. In the meanwhile, the wife became pregnant and according to the husband, despite all support given to her for medical aid, she went to her parental home. She came back to husband's place on 26/2/2012, but the same state of affairs continued. The husband alleged that on 1/3/2012 without informing anyone, she left the home and lodged a report against the in-laws including sister-in-law, on which the parties suffered the turmoil of trial and eventually were acquitted on 26/7/2018. The husband alleged that because of such false report, the entire family of the husband suffered a set back. Therefore, it was prayed that the marriage dtd. 25/5/2010 be dissolved by a decree of divorce.

(3.) On the contrary, the wife stated that the wife was not keeping well and despite that she was subjected to torture for demand of dowry, therefore, a report was made. The wife further alleged that at one point of time, the kerosene was poured on her by the family members to set her ablaze, but the husband did not came to her rescue. She further stated that for demand of dowry, a car was demanded which the family members of the wife were unable to fulfill. The sister-in-law of the wife used to torture and assault her. She further stated that when the child was born, no one came from the husband side to meet her, therefore, the cruelty was committed by the husband itself and on the contrary, the husband wanted a divorce.