SANTOSH KUMAR VASTRAKAR Vs. DHANESHWARI VASTRAKAR

JUDGEMENT

(1.) This appeal under Sec. 19 of the Family Courts Act, 1984, is preferred against judgment and decree dtd. 4/3/2015 passed in Civil Suit No.457- A/2012 by which the learned Family Court, Bilaspur, has rejected appellant's application for grant of divorce on the ground of cruelty as well as desertion.

(2.) Appellant filed an application under Sec. 13 of the Hindu Marriage Act,1955 seeking a decree of divorce against his wife-respondent on the pleadings, inter alia, that parties were married on 25/2/2006 according to Hindus rights and rituals and, thereafter, respondent-wife, after having stayed with the husband for about a week in the matrimonial house along with the family members of the appellant, went along with the appellant-husband to his work place and thereafter on 29/11/2006, they were blessed with a girl child. According to the appellant, during the period of pregnancy, respondent-wife left the house of the appellant, went to her parental house and gave birth to a girl child and thereafter, she stayed there for about one year and then returned to matrimonial house in village Kuli. Thereafter, she lived in the matrimonial house for a short period from March 2008 to March 2010 and suddenly left the matrimonial house on 7/3/2010 along with her father and thereafter, immediately she lodged a false report in the police station alleging cruelty in connection with demand of dowry against the appellant- husband and his parents, sisters, in which case, later on, vide order dtd. 22/11/2011, appellant and other family members were acquitted. Further pleading was that after 7/3/2010, respondent is continuing to reside only in her parental house and is not prepared to come back. In this manner, she has deserted the appellant for all times to come and there is nothing left between the parties and, therefore, in these circumstances, a decree of divorce be granted.

(3.) Denying all the allegation made in the application, respondent- wife made allegation of cruelty against the appellant by stating that when she conceived child, her husband acted cruelly stating that he was not inclined to have the child and she was insisted for an abortion. She was threatened so much so and thereafter, her parents were called and then she was sent back to he parental house against her wishes. No arrangements were made for her maintenance during the period of pregnancy and thereafter, when she delivered child, the appellant did not come even to see the child. It was also alleged that the appellant had developed illicit relation with his own cousin and when respondent-wife objected to this illicit relation, she was threatened. There were allegations of cruelty made against the husband. Despite all efforts by her, the appellant is not willing to take her back to matrimonial house, whereas she is still willing to go back to her matrimonial house and live along with the appellant.