- (1.)The following judgment of the Court was passed by Deepak Kumar Tiwari, J.
1. The present Appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955 challenging the judgment and decree dtd. 11/7/2017 passed by the First Additional Principal Judge, Family Court, Durg in Civil Suit No.141-A/15 whereby the suit under Sec. 13(1-ia)(1-ib) of the Hindu Marriage Act filed by the appellant seeking divorce has been dismissed.

(2.)Indisputably, the appellant's marriage was solemnized with the respondent on 31/1/2010 in accordance with Hindu and Bangali rituals at Hudco, District Durg. The appellant is having Diploma in Mechanical Engineering and is presently working as Production Engineer in Advani Aarlincon Factory, Raipur, and the respondent is working as Shiksha Karmi, Grade-II at Tilda, Raipur.
(3.)Case of the appellant/plaintiff is that he is the only son of his parents, therefore, it was expected from the respondent that she would carry on the lineage, but the wife denied physical relations with the appellant on the ground of illness as also on the ground of appellant being impotent. Upon being asked by the family of the respondent, the appellant got himself medically examined and nothing adverse was found, but when the appellant asked the respondent for her medical examination, she refused for the same. After the marriage, most of the time, the respondent used to go to her parents' house and the parents of the respondent used to interfere in the family matters of the appellant. The wife, without any sufficient reason, left the matrimonial house since 10/7/2010 and started residing in her parental house and deserted the husband/appellant. When the appellant attempted to bring her back, she denied to go with the appellant and threatened to falsely implicate the appellant in dowry or criminal case. So the appellant intimated to the Mahila Police Station Durg on 27/7/2010, 1/3/2011 and 11/1/2012 vide Ex.-P/5, P/6 and P/23 respectively, and the police has also given notice under Sec. 155 CrPC vide Ex.-P/17 being family dispute. The appellant further pleaded that while leaving the matrimonial house, the respondent has also taken joint passbook and ATM Card of the salary account of the respondent, which was opened after the marriage and also jewellery of 110 grams given to her by the family members of the appellant. So the appellant seeks divorce on the ground of cruelty and desertion.