KAMLESHWARI BAI Vs. PEELURAM LATKHOR SAHU

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 28-12-2007 passed by the First Additional Principal Judge, Family Court, Durg, in Civil Suit No. 19A/07, whereby & whereunder learned First Additional Principal Judge has passed decree of divorce.

(2.) THE defendant/appellant has challenged the judgment and decree of divorce on the ground that without there being any evidence of cruelty and desertion, the Court below has passed decree of divorce and thereby committed illegality.

(3.) BRIEF facts of the parties as per pleading are that the appellant and the respondent are Hindu and legally wedded wife and husband. Marriage was solemnized in the year 1993. Two children were bora out of the wedlock of the parties. Without any cause the present appellant has deserted the respondent and went to her paternal house. The present appellant was not ready to adjust in poor family of the respondent and has started committing cruelty. She refused to go to field for work and she was in habit of frequent visit to her parental house. The respondent has tried his level best to resolve the problem, but the appellant was adamant and finally she lodged a false report of demand of dowry against the respondent and his relatives. The respondent and his relatives were acquitted of the charges. The appellant has deserted the respondent and failed to discharge her marital obligation without any reasonable and cogent reason. On the ground of cruelty and desertion, continue of marital relation was not possible. On the aforesaid basis, the respondent has filed the suit for dissolution of marriage by a decree of divorce.