JAIRAM SINGH Vs. MAMTA SINGH

JUDGEMENT

(1.) The appellant is aggrieved by the Family Court's decree, whereby his prayer for grant of divorce on the ground of desertion under Section 13 (1) (ib) of the Hindu Marriage Act, 1955 (henceforth 'the Act') has been dismissed.

(2.) The suit was filed on the submissions that the parties were married on 13/02/1997 at Raipur and resided together for about 2 years at Sector- 6, Bhilai. They have a daughter namely-Ms. Komal born out of their wedlock. According to the husband, during their stay at sector-6, Bhilai and when he was on duty, the respondent went to her parental house in the year 1999 without informing him and despite repeated requests and persuasion, she refused to join his company. It was pleaded that she is residing separately without any lawful reason and has deprived the appellant from his conjugal rights and thus voluntarily deserted his company, therefore, their marriage may be dissolved by a decree of divorce.

(3.) The respondent-wife denied the plaint allegations and stated that the appellant was regularly treating her with cruelty by beating her in a state of intoxication. He used to suspect her character. When they were residing at sector-6, Bhilai, the appellant had tried to electrocute her by the current from Heater. It was further pleaded that the appellant used to lock the door from outside during office hours so that she can not move out of the house.