NIKLESH BARWE Vs. SUDHA

JUDGEMENT

(1.) This first appeal has been filed being aggrieved by the judgment and decree passed by the First Additional Principal Judge Family Court Bhopal in RCS HM No.553/2022 dtd. 10/8/2023 by which, the divorce petition of the appellant/husband has been dismissed.

(2.) The case of the appellant before the Family Court in brief is that the appellant and respondent were married as per Hindu Rites and Rituals on 12th of December, 2012. After 02-03 months of their marriage, the behaviour of the respondent changed and she conceived pregnancy but she did not want to deliver the child. The respondent is suffering from paranoia. At her maternal home on 17th of February, 2014, she delivered a male child but her misbehaviour and paranoia attitude did not change. She denied to reside with the appellant. The appellant went to her maternal home situated at Bangalore but she also denied to reside with him. After certain time, again the appellant tried to live with her wife at Bangalore but she has not cooperated so the appellant tried to bring the respondent to his residence at Bhopal but she was not ready to live with him at Bhopal and she consistently demanded to construct a dental clinic from the appellant for her and when the appellant expressed his inability then, she started quarreling with him. The appellant went to Jamnagar, Gujrat to pursue his carrier but the respondent was not ready and willing to live with the appellant as his wife and she did not want to continue to live at matrimonial home on the ground of cruelty and thereafter, the appellant filed a divorce petition before the Family Court Bhopal.

(3.) In the divorce proceedings, the respondent never appeared so the Family Court proceeded ex-party. Family Court after adducing the evidence, passed the impugned judgment/decree and dismissed the petition mentioning that the appellant has failed to prove the ground of cruelty and the petition was not within the jurisdiction of the Family Court Bhopal.