SARITA TAMRAKAR Vs. SUDHIR TAMRAKAR

JUDGEMENT

(1.) This appeal has been preferred by the non-applicant/wife (Smt. Sarita Tamrakar) under Sec. 19(1) of the Family Courts Act, 1984 (henceforth 'the Act, 1984') questioning the legality and propriety of the judgment and decree dtd. 11/2/2016 passed by the 3rd Additional Principal Judge, Family Court, Durg, in civil suit No.150-A/2014 whereby the learned trial Court has granted a decree of divorce by dissolving the marriage on the grounds enumerated under Sec. 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (henceforth 'the HM Act') (for the sake of brevity, the parties shall be referred hereinafter as per their description before the Court below).

(2.) The facts, in brief, are that the marriage between the parties was solemnised on 22/6/1988 and out of their wedlock, two children namely; Sourabh & Bhagyashree were born on 10/1/1990 & 1-1- 1995, respectively. According to the applicant/husband (Sudhir Tamrakar), immediately after the marriage, the non-applicant/wife has started quarreling with him and lodged the false report for offence under Sec. 498-A read with Sec. 34 of the Indian Penal Code (henceforth 'the IPC') as well as for the offence under Ss. 3 & 4 of the Dowry Prohibition Act, 1961 (henceforth 'the Act, 1961') and has also lodged a false report as per the provisions enumerated under Ss. 17, 18 & 19 of the Protection of Women from Domestic Violence Act, 2005 (henceforth 'the DV Act'). It is contended further that on account of the false report, the applicant & his father were in detention for five days whereas his mother was in detention for one day. It is, therefore, contended by the applicant that the wife (non-applicant) is behaving with him in a cruel manner and pleaded further that since July, 1998 his wife has deserted him and they are living separately. The applicant/husband is, therefore, praying for dissolution of marriage on the grounds as mentioned hereinabove.

(3.) While denying the aforesaid contention of the applicant/husband, it is pleaded by the non-applicant/wife that she has never committed any kind of cruelty with her husband and when she was subjected to cruelty by him and his parents, the alleged reports were lodged. It is contended further that she never deserted him and only on the false ground the claim has been made. Thus, the application filed by the husband deserves to be rejected.