SUMAN BAI @ DEVITA Vs. RAJESH VERMA

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 26.07.2014 passed by Family Court, Rajnandgaon in civil suit No.38-A of 2012, by which, the respondent's application for grant of decree of divorce on the ground of both desertion and cruelty have been allowed and decree granted.

(2.) Respondent filed an application under Section 13(1)(a)(b) of the Hindu Marriage Act, 1955 for grant of decree of divorce both on the grounds of desertion and cruelty, on the pleadings inter alia, that the husband/applicant was married to non-applicant wife on 05.05.2005 and they were blessed with a son on 26.11.2006. The wife left for her matrimonial house on 26.08.2007 along with her brother. But thereafter, she did not return, though several efforts were made and since then she has completely deserted the applicant without any reasonable cause.

(3.) The applicant/husband also pleaded that the non-applicant wife subjected the applicant and his parents to physical and mental cruelty both. It was pleaded that wife made false allegations of commission of offence under Section 498-A of IPC and Sections 4 and 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005. The parents of the applicant were arrested and due to this false accusation leading to arrest and criminal case, the applicant and his family suffered severe mental agony. The learned trial Court vide judgment dated 102.2012 vide Ex.P-11, acquitted the applicant and his family members finding that the allegation are not made out. In this manner, the non-applicant wife subjected the applicant to severe physical and mental cruelty. On such pleading decree was sought.