ABHILASH KUMAR GUPTA Vs. SHWETA GUPTA

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 07.01.2015 passed by the Family Court, Katghora, District Korba in Civil Suit No.77-A of 2014 to the extent that the learned Family Court has granted a decree of judicial separation.

(2.) The appellant filed an application for grant of decree of divorce on the ground of cruelty and desertion against the respondent on the pleadings inter alia that ever since the marriage of the parties solemnized on 17.06.2012 at Jabalpur, the respondents have been subjecting the appellant and his family member to cruelty. In the application, it was averred that the respondent have been misbehaving, insulting and subjecting to cruelty the appellant and his ailing mother, relatives, friends. It was also pleaded that the respondent was not prepared to do any household work, continuously taunted the appellant that he is a poor beggar whereas, respondent belongs to a rich family. It was further pleaded that respondent was always harassing by making false allegation that the appellant was an impotent person unable to perform sexual intercourse. It was further pleaded that old and ailing mother of the appellant was being harassed. The respondent engaged in frequent quarrel. She threw chilly powder in the eyes of the appellant's mother and subjected her to all kinds of cruelty. It was also averred that the respondent was of loose character, flirt and at times, engaged with third person and always making an allegation against the appellant so much so that one day, during sexual intercourse, she made serious allegation against the appellant that he is an impotent person which caused serious agony to the appellant. Finally, on 04.08.2012 respondent went back to her matrimonial house along with her brother and, thereafter she never came back. It was also alleged that she had taken away gold silver ornaments, camera, mobile along with her. It was further pleaded that the respondent lodged false report in the police station alleging cruelty on which, offence under Section 498-A of IPC was registered against the appellant and his mother and he had to obtain bail from the Court. It was also pleaded that a false case under Domestic Violence Act was also lodged and in this manner, the life of the appellant has been made miserable.

(3.) The respondent remained ex parte. Learned Family Court recorded the evidence of the appellant-plaintiff Abhilash Kumar Gupta as PW1 and Smt. Laxmi Devi Gupta (PW2), mother of the appellant, Indrachandra Gupta (PW3), brother of the appellant, Sanjeev Shukla, his friend (PW4).