RAVI PRAKASH SONKAR Vs. PRITIBALA

JUDGEMENT

(1.) Appellant has preferred this appeal under Sec. 19 of the Family Court against the judgment and decree dtd. 7/10/2006 passed in RCS No. 266A/2005 by II Additional Principal Judge, Family Court Bhopal.

(2.) Counsel appearing for the appellant submitted that they were married on 22/4/2001 according to Hindu Rites and Rituals at Raisen. Wife after marriage has shown no interest to cohabit with the appellant. There was no issue between appellant and respondent. From 28/10/2003, respondent-wife is living separately from her husband. It is submitted that respondent is a woman of free will and she used to go her parental house frequently without informing appellant and his family members. On said behaviour there was quarrel between them. Threat was also made to implicate appellant in criminal case. Appellant filed a petition for divorce under Sec. 13 of the Hindu Marriage Act, 1955 before Family Court. Vide its judgment and decree dtd. 7/10/2006 dismissed the suit. It was held that appellant did not treat respondent with cruelty. Evidence given by the appellant was disbelieved. Respondent was a doctor in a hospital and she has to go on night duties. Criminal case under Sec. 498-A of the IPC was filed by respondent. There were differences between husband and wife, however before Parivar Paramarsh Kendra issues were settled and they started living together after counselling on 14/3/2002. Considering the aforesaid circumstances, trial Court held that degree of cruelty between husband and wife does not cause any mental or physical damage to them. There were minor differences between them and facts and circumstances of the case does not fall within meaning of cruelty and case was dismissed. Counsel appearing for the appellant submitted that there is irretrievable breakdown of marriage between the parties, therefore, decree of divorce may be granted. Counsel appearing for the appellant has relied upon the judgment passed by the High Courts where in decree of divorce has been granted on the ground of irretrievable breakdown of marriage which has been affirmed by the Apex Court. It is submitted that since decree of divorce granted on the ground of irretrievable breakdown of marriage has been affirmed by the Apex Court in many cases, therefore, High Court can also grant divorce on the grounds of irretrievable breakdown of marriage.

(3.) None appears for the respondent to oppose the appeal.