JITENDRA SINGH Vs. SMT. GYATRI BAI

JUDGEMENT

(1.) By way of present First Appeal u/S. 19 of Family Courts Act, appellant- husband assails the impugned judgment and decree dtd. 24/03/2018 passed by Principal Judge, Family Court, Ashok Nagar in Civil Suit No.97A/2017(HMA) dismissing his divorce petition for dissolution of marriage filed u/S. 13(i-a) and (i-b) of Hindu Marriage Act, 1955 [hereinafter it may be referred to as '' the Act''] on the ground of desertion and cruelty.

(2.) It is an admitted fact that respondent is the legally-wedded wife of appellant. Their marriage was solemnized before 12 years and after their marriage, they were living separately for the last six years. The facts giving rise to file the present appeal, in short are that after marriage, initially they were living happily. After sometimes, the behaviour of respondent became changed and she started quarrel and created a turmoil in the life of appellant and his family members. She used to misbehave with his father and mother also. She used to go to her parental home without informing her in-laws family as she was not interested in performing household works. In January, 2011, the appellant brought his wife to his house but after ten days, she left for her parental home with her brother Pankaj on the pretext that the health condition of her mother Ramrati is not good. Thereafter, the respondent never returned back to her in-laws house. She is living with her parents and not willing to reside in her in-laws family. On 30/08/20212, respondent filed a false and frivolous report against her in-laws bearing Crime No.184/2012 at Police Station Shadora, District Ashok Nagar for commission of offence punishable u/S. 498-A of IPC and u/S. 3 /4 of the Dowry Prohibition with allegation of harassment and cruelty with her. After conclusion of trial, on 31/07/2017, the appellant was acquitted from offence u/S. 498-A of IPC by judgment dtd. 31/07/2017. Thereafter, the respondent filed an appeal against that judgment which was also dismissed vide judgment dtd. 15/10/2018 passed by Second Additional Sessions Judge to the Court of First Additional Sessions Judge, Ashok Nagar in Criminal Regular Appeal No.67/2017.

(3.) Before the learned Family Court, it was pleaded by appellant- husband that his wife/respondent has deserted him and after sometime of their marriage, she used to misbehave with him as well as with his family members. Therefore, he filed a petition for divorce u/S.13(1-a) and (1-b) of the Act on the ground of desertion and cruelty and the same was dismissed by the learned Family Court vide impugned order herein.