KANCHAN KELA Vs. RAJENDRA KELA

JUDGEMENT

(1.) The appellant/wife has filed the instant appeal against the judgment and decree dated 21.7.2015 passed by learned Family Court, Korba (CG) in Civil Suit No.117A/2012 granting decree of divorce in favour of the respondent/husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty.

(2.) As per averments made in the application for divorce filed by the respondent/husband, his marriage with the appellant was solemnized on 30th June, 1999 at Village-Bakimongra, Distt. Korba as per Hindu rites and rituals and after marriage, both of them started residing together in Village-Navagaon, Katghora. Out of their wedlock, two children namely Gaurav and Sourabh were born. According to the respondent, the appellant used to pressurize him for living separately from his family members and quarrel with him on that ground. Thereafter, the respondent started living separately in Korba with the appellant but there also the appellant used to quarrel with him on trivial matters and therefore, he started living separately from her. On 21.4.2011 when he went to meet his children, the appellant and her mother, father and brother did not allow him to meet his children, committed marpeet with him as a result of which he suffered severe injuries and lodged report in this regard at the police station. The respondent has also alleged that the appellant was a woman of easy virtue and she used to threaten him of false implication in dowry case if he did not succumb to her illegal demands. Thus, the respondent by filing an application under Section 13(1b) of the Hindu Marriage Act prayed for grant of decree of divorce.

(3.) The appellant/wife by filing written statement denied all the allegations made against her by the respondent/husband and stated that in fact it is the respondent who used to quarrel with her more often, he used to misbehave and ill-treat her saying that he is in police department and nobody can cause any harm to him. When this illtreatment became unbearable she filed an application under Domestic Violence Act, 2005 before the Court of Chief Judicial Magistrate, Korba where counseling proceedings were held. However, even thereafter there was no change in the behaviour of the respondent. She states that the respondent has filed the divorce petition on false and frivolous grounds and therefore, the same may be dismissed.