SANDHYA RANI GOSWAMI Vs. DIPAK GIRI GOSWAMI

JUDGEMENT

(1.) This appeal under Section 19(1) of the Family Courts Act, 1984 (henceforth "the Act of 1984") is directed against the judgment and decree dated 24.7.2015 passed in Civil Suit No.29A of 2011 by the 2nd Additional Principal Judge, Family Court, Raipur by which the Family Court has allowed the Respondent/husband's application under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (henceforth "the Act of 1955") for dissolution of marriage with the Appellant/wife.

(2.) Facts, in brief, as projected by husband Dipak Giri Goswami is that on 11.7.2008, a marriage was solemnised between him and Sandhya Rani Goswami. After few days, the Appellant/wife started giving mental harassment to the Respondent/husband. She did not go to live in the in-laws house. Thereafter, she left her in-laws house in the year 2008. Till then, she is living at her paternal house. The husband tried to bring her back 6-7 times, but she refused. Thereafter, he filed an application under Section 9 of the Act of 1955 before the Family Court at Raipur, which was allowed in his favour. In spite of that, the wife did not return to him. Thereafter, the husband filed a divorce petition before the Family Court on the ground of desertion and cruelty.

(3.) The case of the Appellant/wife is that after the marriage, only for 4 days, behaviour of the Respondent/husband towards her was cordial. He used to establish unnatural sexual intercourse with her due to which she fell ill and thereafter he left her at her paternal house.