SMT.KAVITA Vs. VIJAY KUMAR DIXIT

JUDGEMENT

(1.) The present appeal under Sec. 19(1) of the Family Courts Act, 1984 has been preferred by the defendant/wife against the judgment and decree dtd. 24/3/2023 passed by the Principal Judge, Family Court, Bilaspur (C.G.), in Civil Suit No.215-A/2020 whereby, application preferred by the plaintiff/husband filed under Sec. 13 of the Hindu Marriage Act was allowed on the ground of desertion. The parties to this appeal shall be referred herein as per their description before the learned Family Court.

(2.) Briefly stated fact of the case are that the plaintiff/husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Sec. 13 of the Hindu Marriage Acrt, 1955 (for short 'the Act, 1955'). It is pleaded in the application that his marriage with the defendant/wife was solemnized on 11/7/2008 according to Hindu customs at village Nawagarh, District Bemetara (C.G.) and one daughter namely Siddhi and son Divyansh were born out of their wedlock on 25/9/2009 and 23/10/2014 respectively. According to the plaintiff/husband, upto year 2016 the defendant/wife used to visit her parental home from time to time. In the year 2016, when the defendant/wife fell ill, she got treated by doctor regularly but the defendant/wife got misconception that somebody has done sorcery on her and her treatment could be done only at her maternal home. Due to this, she started visiting her maternal home regularly and on 16/6/2016, on the pretext of exorcism, insisted him to leave her to Navagarh, thereafter, the plaintiff left her at Navagarh. It was also pleaded that when the defendant refused to come to the home of plaintiff citing her ill health and accountable his mother being witch, the plaintiff was shock and felt insulting and to save his marital relationship, he gave some time to defendant to think over it and allowed her to live in her material home but the defendant, due to this issue and her stubbornness, got her children admitted in school at Navagarh and the entire expenses of which was born by him. It was also pleaded that the plaintiff in order to save the marital relationship, on various occasion made the defendant understand through prominent persons of the society but she did not agree. The defendant has deprived the plaintiff of marital relationship for 4-5 years since 16/6/2016 and despite repeated request and efforts, the defendant has refused to live together and it is not possible to live together and lead a happy married life, therefore, he is entitled to get a decree for dissolution of marriage under the Act, 1955.

(3.) The defendant, in her reply, except admitted fact denied all the allegations and stated that family members of plaintiff used to harass her mentally and physically on trivial issues, they used to rebuke her calling witch (tohni) and instigated the plaintiff against her. It was also averred that on the instigation by family members of the plaintiff, he left the defendant and children in Navagarh, he visits them occasionally, their relationship is cordial and respect each other. Therefore, the suit may be dismissed.