PRISHA VERMA Vs. AMIT SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.5.2017 passed by learned Family Court, Korba in Civil Suit No.267-A/2016 by which, the plaintiff's/appellant's application for grant of decree of divorce on the ground of cruelty has been dismissed.

(2.) The respondent-husband was issued notices by ordinary as well as registered mode both. In the absence of there being otherwise report, the Registry has listed this matter for hearing, treating notice as deemed to have been served upon completion of 30 days as per proviso to Rules 167 of the High Court of Chhattisgarh Rules, 2007. We may also add that even before the trial Court, respondent was proceeded ex-parte as despite paper publication of notice, he did not choose to appear to contest the matter.

(3.) The appellant herein, the wife, moved an application for grant of decree of divorce before the Family Court on the pleadings that the appellant was married to respondent on 10.11.2004 at Delhi and, though, the relation between the parties remained cordial for about five years and they were also blessed with a daughter on 30th July 2009, thereafter, there were encounters affecting their marital life. It was also pleaded that the respondent committed cruelty by refusing to extend financial support, as also pleading of misbehaviour, hurling abuses, not engaging in employment, not serious in managing income, entering into quarrel with the appellant to insist her father towards payment of money to start business, quarreling with the appellant when demand of money made, indifferent behaviour and apathy towards marital relation and frequency of such cruelty conducted every day. It was further pleaded that because of cruel conduct and behaviour, the appellant had to leave her matrimonial house in April 2011 and come back to her parental house along with the daughter and since April 2011, the parties have been living separately. The other pleadings made on the aspect of cruelty were that on 14.2011 when an attempt made to bring about reconciliation, respondent became offensive and attempted to assault and she was also threatened that if she annoys him, she would be killed. Because of this threat, the appellant was horrified and she left the matrimonial house and started living with her parents. It was further pleaded that though number of times, attempts were made to reconcile the things but instead of taking steps on his own level, respondent demanded Rs. 10 lakh as the condition to keep his wife and daughter. Though legal notice was given but the same was not replied and ultimately the appellant was left with no option but to move application for grant of decree of divorce on the ground of cruelty.