MOHANLAL SONKAR Vs. REKHA SONKAR

JUDGEMENT

(1.) BY this appeal under Section 19(1) of the Family Courts Act Appellant has Challenged the judgment and decree dated 10.11.06 passed by the Second Additional Principal Judge Family Court, Raipur in Civil Suit No. 149A/2005 dismissing the petition for dissolution of marriage by a decree of divorce. Decree is impugned on the ground that learned court below had not considered the proved case of cruelty and committed an illegality. As per pleading of the parties, parties are Hindu legally wedded spouse, their marriage solemnized on 27.04.99. They live together for some time then Respondent went to her parental house. Dispute arose between the parties specially relating to service of the Respondent and frequent visit of the Respondent to her parental house without consent/permission of the Appellant. Meeting was convened and dispute was resolved but Respondent refused to live with the Appellant then finally petition for dissolution of marriage by a decree of divorce was filed on behalf of the Appellant.

(2.) RESPONDENT had denied the allegation and specially pleaded that she has discharged her marital obligation, she has visited her parental house only after permission of the Appellant, she has not deserted the Appellant, Appellant and their relative committed cruelty upon her even her during period of pregnancy. On the basis of averments of the parties, court below has framed the issue. After affording, an opportunity of hearing court below has dismissed the petition for dissolution of marriage by a decree of divorce.

(3.) IN order to appreciate the argument of the parties we have examined the evidence available on record the parties are Hindu legally wedded spouse, their marriage solemnized on 27/4/99. Presently both are residing separately is not disputed. Panchayat meeting was convened is also not disputed. P.W. 1 Mohan Lal has deposed in his evidence that after the marriage Respondent went her maternal house and since 14/10/99, She did not come back to his house. Present Appellant went so many times to the house of the Respondent but she refused to come with him. On 30/6/99 the brother of the Respondent sent her to the house of the Appellant then Respondent who is teacher continued her service and she has not left the service. P.W. 1 Mohan Lal further has deposed that Respondent used to visit her father's house frequently without consent or permission of the Appellant. He also deposed that he has tried his level best for calling the Respondent back in his house he had convened the meeting he has requested to Pariwar Sulah Kendra but Respondent is not ready to live with the Appellant. P.W. 2 Kailash Sonkar member of the community has supported the evidence of Appellant.