KUNJBIHARI SONI Vs. MAMTA SONI

JUDGEMENT

(1.) In this appeal, the challenge is levied to the judgment and decree dated 7-10-2016 of the Additional Judge to the Court of Additional District Judge, Mungeli, Chhattisgarh in Civil Suit No. 23-A/2015 whereby and whereunder he dismissed the divorce petition filed by the appellant-husband under Section 13 of the Hindu Marriage Act, 1955 (in brevity 'Act of 1955') against respondent-wife.

(2.) In brief, appellant's case is that his marriage was solemnized with the respondent 15-16 years prior to the date of petition i.e. 20-7-2015. In the wedlock one daughter Ku. Roshni alias Babli was born, now she is 11 years old. After the marriage she used to go frequently in her maternal house. She was harassing him and his family members making false allegations. She often used to say that she does not like him. She used to threat saying that she will die by burning herself and falsely implicate him and his entire family. She had left his house in year 2012 after making quarrel. He had filed an application under Section 9 of the Act of 1955 on 3-1-2013 which was dismissed on account of not pressing the same because a compromise was taken place between them out of the Court. She herself filed an application under Section 9 of the Act of 1955 in the Family Court, Raipur which was also dismissed because she did not press the same. She is living separately from him for the last 3 years before filing the divorce petition.

(3.) The respondent was ex-parte in trial Court and she had not filed the written statement.