SUVARNA AWADHIYA Vs. VIKAS AWADHIYA

JUDGEMENT

(1.) Challenge in this appeal under Sec. 19 of the Family Courts Act is to the legality and validity of the judgment and decree dtd. 3/7/2019 passed by First Additional Principal Judge, Family Court, Raipur in HMA No.508/2016 whereby the application filed by respondent/plaintiff under Sec. 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for decree of divorce on the ground of cruelty has been allowed.

(2.) The respondent/husband filed an application under Sec. 13 of the Act of 1955 with the averments that his marriage was solemnized with the appellant on 3/7/2003 and from their wedlock one son Varesh Kumar was born on 13/1/2005. It was pleaded that after marriage, the appellant/wife started quarreling with the respondent for living separately. She used to suspect that the respondent/husband has illicit relations with his sister-in-law (QqQsjh HkkHkh). Even while he was living separately with her in a rented accommodation, there was no change in her conduct and she continued to illtreat him, suspect his character and also beat him. In April, 2008 she sent his son Varesh to her parental home without his permission. Being fed up with her cruel conduct, he started living separately from her since April,2008 but continued to pay rent of the house where she was living. However, in 2010 she lodged a false report against him and during counseling proceedings, refused to live with him. Hence he prayed for grant of a decree of divorce on the ground of cruelty.

(3.) The appellant/wife in his written statement denied all the adverse averments and stated that she never treated the respondent/husband with cruelty and also never suspected his fidelity. In fact, he used to demand Rs.5.00lacs and torture her therefor. On account of his torturous conduct and illicit relations with his sister-in-law (Bhabhi), she has been living separately. She also stated that the respondent/husband has married one Tara Sahu and is living with her and therefore, there is no possibility of reunion between the parties. She stated that decree of divorce be granted only on the condition that he would make suitable arrangement for the accommodation and maintenance of the wife and son and comply with the provisions of Sec. 25 of the Act of 1955.