Smt. Monika v. Shri Sanjay Chandel

Chhattisgarh HC2 Aug 2018FAM/70/2015

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against the Family Court's order denying divorce on cruelty grounds. The Court held that employment disputes and refusal to cohabit due to job postings do not constitute legal cruelty, observing that settlements failed in mutual consent proceedings.

What did the court decide?

Appeal dismissed; parties advised to file fresh application for mutual consent divorce.

What the court decided

AI extract

Smt. Monika Vs Shri Sanjay Chandel — Matrimonial and Divorce | Chhattisgarh HC (2018)

¶30

though, denied that because of the tender age, she was advised not to go a distant place along with the child. She states that the respondent told her that when he will get a house and job, she would be taken. From the evidence of this witness, it is also found proved that while the respondent was working and posted at Dhamtari and Raigarh, the appellant was residing with her but when he went to distant place at Maldives, because of infant child of 4-5 months and that there was problem of job, plaintiff was not taken by her husband. Moreover, in the pleading and evidence, it is her case that she had moved an application before the Magistrate, alleging domestic violence but order was not in her favour though, maintenance was granted to the child. She admits that she filed an appeal which is pending. The perusal of that order shows that the Magistrate also did not find that it was a case of any cruelty but there existed dispute between the parties with regard to the employment aspect. She had admitted in her evidence that after getting job also, she visited her matrimonial house more than 2-3 occasions which means that she is residing at the place of her job at Manpur, whereas the husband's job is elsewhere and native place of the husband is at Village Hiretara. In her evidence, she has expressed that she is inclined to live along with her husband if he comes to Manpur and resides with her. Thus, her evidence, taken in its totality, shows that the dispute is mainly with the place of job and that her husband is at some other station in connection with his job whereas the appellant is insisting that her husband should live along with her at Manpur where she is working as Shikshakarmi Grade-III. The evidence of Saheb Lal (PW2), father of the appellant, does not prove the allegation of cruelty of such a grave nature as to warrant a decree of divorce in favour of the plaintiff. In his cross-examination, he has admitted that dispute between his daughter and son-in-law was in connection with job and his son-in-law was insisting on education of his daughter in an English medium school. This, however, was not the case of the plaintiff herself either in the plaint or in the evidence. He further admits that when his son-in-law went to Maldives leaving behind his wife/plaintiff, for that reason, he did not send the daughter to her matrimonial house. He further admits that if the daughter

Smt. Monika v. Shri Sanjay Chandel

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Padum Ram Vs Vijay Kumar

Deepak Agrawal Vs Smt. Gulab Bai

Madhyapradesh Jesuits Loyola Niketan Lingiyadeha Vs Shri Ravatpura Sarkar Ashram

Smt. Monika v. Shri Sanjay Chandel

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Padum Ram Vs Vijay Kumar

Deepak Agrawal Vs Smt. Gulab Bai

Madhyapradesh Jesuits Loyola Niketan Lingiyadeha Vs Shri Ravatpura Sarkar Ashram

A compact analysis

Statutes considered