G.MINHAIUDDIN.J. - (1.) THIS appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 5.8.2011 passed by First Additional Principal Judge, Family Court, Raipur (CG), in Civil Suit No.130A/09, whereby the application filed by the appellant/plaintiff under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of desertion has been rejected.
(2.) IT is not in dispute that marriage between the parties was solemnized as per Hindu rites and ceremonies and after marriage they had resided together as husband and wife and after that they are residing separately since long. Case of the appellant/plaintiff, in brief, is that marriage between the parties was solemnized as per Hindu rites and ceremonies in the year 1968-69 at Village - Saddu, Distt. Raipur and till 1982-83 the respondent/wife resided with the appellant at Tilda. Out of their wedlock a son named Rajesh was born. After 2-3 years from the birth of son Rajesh, i.e. 26-27 years back from 2.11.2009, the date of filing of the application for divorce, the respondent without any just or reasonable cause left her matrimonial home and since then is residing separately from the appellant/husband. Despite all efforts being made by the appellant, the respondent did not return to her matrimonial home, on account of which the appellant convened a meeting of the community, in which, as per customs prevailing in their community, marriage between the parties was dissolved.
(3.) THE respondent/wife moved an application under Section 125 of Cr.P.C. for grant of maintenance, which was allowed and the appellant/husband was ordered to pay maintenance @ Rs.2500/-per month to the respondent/wife. Subsequently, the respondent/wife had also moved an application before the concerned Court for enhancing the amount of monthly maintenance and the same is pending before the Court. The respondent/wife without any just and reasonable cause, of her own accord, had left the house of the appellant/husband about 27-28 years back and since then is residing separately and thereby has deserted the appellant. On this ground, the appellant/husband moved an application under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce.;