1. This appeal under Section 19(1) of the Family Courts Act, 1984 is
directed against the judgment and decree dated 16.03.2020 passed by
Digitally
signed by
PRAVEEN
KUMAR
SINHA
Date:
2026.07.20
18:27:44
+0530
learned Judge, Family Court, Bastar at Jagdalpur, Chhattisgarh, in Civil
Suit 57-A/2017, whereby application preferred by respondent/applicant
(husband) under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for
short, “the Act of 1955”), seeking dissolution of marriage by a decree of
divorce on the ground of cruelty, has been allowed.
2. Facts necessary for disposal of the present appeal are that the
respondent/applicant (husband) filed an application under Section 13(1)
(ia) of the Act of 1955 seeking decree of divorce against appellant/non-
applicant (wife) pleading inter alia that his marriage with the non-
applicant/wife was solemnized on 27/11/2005 at Narayanpur as per
traditional Hindu customs and rituals. After marriage, defendant/wife came
to her matrimonial house at Jagdalpur. From their marital relationship, they
had three daughters. Although they had three children, but since their
marriage, non-applicant/wife had made the life of applicant miserable. It
was pleaded that the non-applicant/wife had treated him with cruelty from
the very beginning of their marriage by creating frequent disturbances in
the matrimonial home, insisting on living separately from his parents,
quarrelling with and abusing his family members, threatening to implicate
them in false criminal cases, and repeatedly leaving the matrimonial home
without informing anyone. He further alleged that she harassed and
physically assaulted their daughters, behaved erratically, and caused his
parents to leave separately in their old residence situated at Jagdalpur.
According to the appellant, despite counselling before the Women’s Police
Station and intervention by the community, her conduct did not improve.
He pleaded that non-applicant/wife lodged false complaints of domestic
violence and cruelty under Section 498-A IPC against him and his family
members. He had suffered severe mental cruelty, had lost all trust in the
non-applicant/wife, and that it had become impossible for him to continue
the marital relationship and sought for decree of divorce against non-
applicant/wife on the ground of cruelty.
