SHARAD CHANDRA TIWARI Vs. SARASWATI TIWARI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 26/6/2015 passed by the Principal Judge, Family Court, Durg in Civil Suit No.516-A/2013, whereby appellant's application for grant of decree of divorce on the ground of cruelty and desertion has been rejected.

(2.) Appellant-Husband moved an application before the Family Court, seeking decree of divorce from respondent-wife on the twin grounds of cruelty and desertion. In the application, it was pleaded that at the time of marriage of the parties in the year 2005, the appellant was residing with his old aged mother and two younger brothers and their families at Durg. According to the appellant/husband, respondent-wife was made aware of the family circumstances and she had agreed that after marriage, she will get her transferred from her maternal place to matrimonial place. In the course of time, mother of the appellant died on 28/12/2005 and his wife expressed her willingness to get her transferred after the end of educational session in JuneJuly, 2006. Further pleading was that thereafter, respondent-wife did not take interest in getting herself transferred from Village Sarkhon to the matrimonial place at Durg and later on, she insisted the appellant-husband to get himself transferred at the place, where she was residing and working. It was further pleaded that the respondent-wife was insisting the appellant to get him separated from two brothers, who were residing along with him and later on, because of the allegations that the appellant's brother were enjoying on the income of the appellant-husband, one of the brother got separated on 01-06- 2009. Thereafter, it was pleaded, wife insisted that the other unmarried brother should also be separated and when he did not leave the house, the respondentwife left the matrimonial house on 15/6/2009 and thereafter, did not return.

(3.) The respondent-wife in her written statement denied all the allegations and stated that the husband had full notice and knowledge at the time of marriage that she was posted and working at Village Sarkhon. It was pleaded that she borrowed house building loan of Rs.5.00 Lakhs from the State Bank for construction of house of her father and repaying loan in installments. It was also pleaded that after discussion with her husband, she applied for transfer and she was also taken to the District Education Officer, Durg, by her husband and all efforts were made for getting her transferred. It was also pleaded that the reason for one of the brother of the appellant to get separated was not due to the respondent-wife, but because of dispute with the appellant-husband. The respondent-wife further pleaded that she had told her husband as he is posted at Gunderdehi and not at Durg, there would be no purpose served in residing at Durg. She further pleaded that she is willing to live in the matrimonial house along with her husband and also pleaded that if ultimately, transfer is not effected, she is prepared to take voluntary retirement also, rather than quitting her married life. Top