ARPIT KUMAR AGRAWAL Vs. SARIKA AGRAWAL

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been preferred by the appellant/husband assailing the judgment and decree dtd. 13/12/2023 passed by the learned First Additional Chief Judge, Family Court, Raipur, District Raipur (C.G.) in Civil Case No. HMA/732/2019, whereby the learned Family Court has dismissed the application filed by the appellant/husband under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage. For the sake of convenience, the parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Family Court.

(2.) Before learned trial Court, It is an admitted position between the parties that the marriage between the plaintiff and the defendant was solemnized on 30/5/2009 at Durg (Chhattisgarh) in accordance with Hindu rites and customs.

(3.) Plaintiff/husband filed application under Sec. 13(1) (i-a) of Hindu Marriage Act seeking decree of divorce before the Family Court on the ground that his marriage with the defendant/wife was solemnized on 30/5/2009 at Durg, Chhattisgarh, in accordance with Hindu rites and customs. The couple has no issue. The plaintiff, presently serving as ITI Manager at the Central Bank of India, Ambikapur, is the only son of his parents. After marriage, the defendant joined him at Hyderabad, where he was posted at the time, but within a month she returned to her parental home at Raipur. Thereafter, she used to visit occasionally but refused to cohabit or perform her marital obligations, citing excuses of ill- health and disinterest. It is further alleged that even after the plaintiff's transfer to Ambikapur in 2013, the defendant stayed only for a few days and again declined to resume conjugal relations, stating that the marriage was forced upon her. She threatened to commit suicide if compelled to maintain physical relations. Despite several efforts by the plaintiff and his relatives since 2009 to persuade her to live with him, she continuously refused and has been residing at her parental home since May 2014, causing him mental and physical agony. The plaintiff/husband sent a notice on 30/1/2017, which was refused by the defendant/wife, and thereafter filed a petition for divorce under Sec. 13 of the Hindu Marriage Act, 1955, before the Family Court, Durg, which was later transferred to the Family Court, Raipur, pursuant to Transfer Petition No. 17/2017 before this Court. On these grounds, the appellant seeks a decree of divorce dissolving the marriage solemnized on 30/5/2009.