ARYANSH SINGH BHADORIA Vs. ANSHIKA SINGH

JUDGEMENT

(1.) This first appeal has been filed by the appellant under Sec. 19 of the Family Court Act, 1984 against the judgment dated 14.9.2017 passed by the First Additional Principal Judge, Family Court, Bhopal in Civil Suit No.1223-A/2016, whereby the suit filed by the appellant-husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (for short "Hindu Marriage Act") has been dismissed.

(2.) In a nutshell, the case before the trial Court was that a suit under Sec. 13(1)(ia) of the Hindu Marriage Act was filed by appellant Aryansh Singh Bhadoria of Bhopal at Family Court, Bhopal against his wife Anshika Singh, a resident of Raibareily (UP) on the ground that their marriage was solemnized on 14.2.2015 at Bhopal as per the Hindu rites, but could not be consummated on account of unwillingness on the part of the respondent-wife Smt. Anshika Singh to perform her part of the marital obligation i.e. have physical relations. It was further stated in the aforesaid application that the respondent-wife had an affair with her boyfriend and she was forced to solemnize the said marriage with the appellant by her family members. However, subsequently after the marriage she refused to have any physical relationship with the appellant and also informed the appellant that she had relationship with her boyfriend, which has continued. She finally left the house of the appellant on 20.5.2017 with her 'stridhan' and never came back. Thus it was contended by the appellant before the Family Court that the respondent wife resided with him for 17 days only after the marriage and there was no cohabitation/physical relationship between them. It is further stated that owing to irreconcilable differences between them right from day one of their marriage, they also decided to file a petition for divorce by mutual consent for which a seperate memorandum of understanding was also signed by both the parties which is placed on record. The respondent-wife had also given a letter to the Superintendent of Police, Bhopal to this effect, however, despite such mutual understanding, the respondent did not turn up for filing the application for divorce by mutual consent as provided under Sec. 13(b) of the Act, 1955, and thus the appellant had no option except to file petition for divorce on the ground of irretrievable break down of the marriage and non-consummation of marriage.

(3.) The appellant in support of his claim examined himself as PW-1, also examined one family acquaintance Jagdish Ghote (PW-2) and his uncle Rajesh Bhadoriya (PW-3). The appellant in his deposition before the trial Court has narrated the aforesaid facts and also that there were no consummation of marriage between him and his wife.