KISHORE KUMAR SAHU Vs. KUSUM BAI

JUDGEMENT

(1.) THIS first appeal under Section 19(1) of the Family Courts Act, 1984 (in short 'the Act, 1984') is directed against the judgment and decree dated 11.12.2006 passed by the Third Additional Principal Judge, Family Court, Durg, in Case No. 27A/2006 whereby & whereby learned Third Additional Principal Judge has dismissed the suit for divorce filed on behalf of the Appellant.

(2.) BRIEF facts leading to filing of this appeal as per pleading of the parties are that the Appellant and the Respondent are legally wedded wife and husband. Marriage was performed on 25.4.1993. Both the parties have discharged their marital obligation. On 4.10.1994 Respondent gave birth to one child which was abnormal and after sometime, child died. As a result of marital obligation, the Respondent delivered two child namely, Ravishankar Sahu and Murli Manohar Sahu. The Appellant is a member of joint family and was residing with his other family members, but the Respondent was not agree to live with joint family of the Appellant and used to go to her maternal house frequently. In the year 2001 without any cause, the Respondent went to her maternal house and refused to come back. The Appellant filed an application before the Sub Divisional Magistrate, Patan in which the Respondent has made false allegation against the Appellant and refused to go with him. The Respondent is a woman of timid mind and her behavior with the Appellant is not proper. She is in habit of insulting and defaming the Appellant. She used to compel the Appellant to leave his joint family house and members. Finally on 19.5.2005, she quarreled with the Appellant and his family members and left her matrimonial house without there being any cause. The Appellant has tried his level best to compromise, but he did not succeed. Behavior of the Respondent is cruel with the Appellant and on the basis of cruelty, the Appellant has filed a suit for divorce under Section 13(1)(A) of the Hindu Marriage Act, 1955 (in short 'the Act, 1955').

(3.) ON the basis of averments made by the parties, issues were framed and after affording an opportunity of hearing to the parties, the suit for divorce was dismissed by the Third Additional Principal Judge, Family Court, Durg.