DHRUV TIWARI Vs. REKHA TIWARI

JUDGEMENT

(1.) The present appeal under Sec. 19(1) of the Family Courts Act, 1984 has been preferred against the judgment dtd. 5/8/2022 passed by the Principal Judge, Family Court, Durg (C.G.), in Civil Suit No.365/2017.

(2.) Vide the judgment impugned, the trial Court dismissed the application filed under Sec. 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') by the appellant-husband for dissolution of marriage by decree of divorce.

(3.) Brief facts of the case are that marriage of appellant and respondent was solemnized on 28/2/1996 according to Hindu rites, ritual and customs and out of the wedlock they have one daughter namely Amy Tiwari. After sometime of marriage, the appellant went to his work place at Pulgaon as he was working as Drawing Teacher. However, after some time, relation between them started getting worse on account of illicit relation of respondent with one Ajay Gatagat. It was also pleaded that from 1996 to 2005, the respondent-wife made as many as 08 abortions and all the time Ajay Gatagat was present. In the year 2005, appellant-husband made his transfer to Raipur and after assurance by respondentwife that she would not keep any relation with Ajay Gatagat, he started residing with respondent-wife. It was also submitted in the application that everything went well for few days, thereafter respondent-wife started talking to said Ajay Gagatat about 10 to 15 times a day, and on being objected, the respondent-wife used to got angry. The respondent-wife had hacked the applicant's mobile and to defame him, she used to chat in his name and send messages to people. The respondent-wife, taking the advantage of her acquaintance with police, used to tap his phone illegally and used to threat him. Lastly, it was averred that there is no relation between the appellant and respondent for last two years. The respondent used to argue over trivial issues, abuse him, leave the house without informing, torture the appellant mentally and physically & had relation with another person, therefore, it was not possible for the appellant to live with respondent. Finally, an application under Sec. 13(1) of the Act was filed by the appellant on 28/2/1996 for dissolution of marriage by decree of divorce on the ground of cruelty.