SAMANT J. - (1.)This appeal has been preferred against the judgment and decree dated 12-12-2012 passed by Third Additional Principal Judge, Family Court, Durg (C.G.) in Civil Suit No.23-A/2012 by which petition of the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') was dismissed.
(2.)The petitioner filed an application under Section 13 of the Act stating that she is married wife of the respondent and their marriage was solemnized on 05-05-2005 in accordance with Hindu Customs. While residing in her matrimonial home, the respondent never gave her matrimonial pleasure and any assistance in leading marriage life. On the contrary, respondent is a drunkard who did not heed to the advise given by the appellant to abstain from drinking. On seeing this situation, the appellant completed her studies and found a part time job, even then, no change was found in the respondent who continued in his drinking habit and in harassing the appellant mentally by quarrelling with her all the times, because of which she could never lead a life of peace and happiness with the respondent. The respondent has never intended to change his habit and on the contrary, he continuously harassed and tortured the appellant for demand of money. He also demanded money from the parents of the appellant so as to start any business. The appellant had a daughter from respondent out of this wedlock with whom, the respondent behaved in a very unnatural and debased manner who used to take naked bath with daughter, due to which the appellant was gravely hurt by the perversity of respondent and decided to live separate, hence she is living separately since 1 1/2 years prior to the date of filing of application. While residing separately, the respondent continued to harass the appellant by making telephonic calls. Looking to these circumstances created by him, the appellant prayed for dissolution of marriage.
(3.)Registered notice sent to the respondent was returned unserved with a report of the postal employee that he refused to take delivery of the postal article. The Court below considering the summons duly served, proceeded ex-parte in the case vide order dated 21-02-2012 of the order sheet.