Dismissed

Manoj Sharma v. Smt. Seema Devi

Chhattisgarh HC7 Aug 2023FAM/11/2014

Case brief

AI extract

What is this about?

Appeal by husband against Family Court's dismissal of divorce petition on grounds of adultery and cruelty. High Court held insufficient evidence for both allegations and dismissed appeal.

What did the court decide?

Appeal dismissed; original decree of the Family Court maintained; parties to bear own costs.

What the court decided

Manoj Sharma Vs Smt. Seema Devi — Matrimonial and Divorce | Chhattisgarh HC (2023)

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AFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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FAM No. 11 of 2014

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Manoj Sharma S/o Shri Ramjatan Aged About 25 Years Caste- Sharma, R/o Village Godhanpur, P.S. And Tah. Ambikapur, Civil and Revenue Distt. Surguja C.G. ---- Appellant Versus

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Smt. Seema Devi W/o Shri Manoj Sharma Aged About 22 Years CasteSharma R/o Village Badkimahri, P.S. And Tah. Balrampur, Distt. Balrampur C.G. -- Respondent

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For Appellant: Shri Ashok Kumar Shukla, Advocate. For Respondent: Shri Arun Shukla, Advocate.

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Division Bench:Hon'ble Justice Shri Goutam Bhaduri and

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Hon’ble Jusitce Shri Sanjay S. Agrawal

Order on board

07.08.2023

Heard.

This present appeal has been preferred by the Applicant/husband against the judgment and decree dated 31.12.2013 passed by the Family Court, Ambikapur, District Surguja in Civil Suit No.87-A/2011, wherein, the application filed by the husband seeking decree of divorce on the ground of cruelty against the wife was dismissed. Being aggrieved by the said order, this appeal is preferred by the husband.

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Briefly stated facts of the case are that the parties got married on 02.05.2009 and the husband sought for divorce on the ground that after the marriage, wife did not stay at her matrimonial home and without informing the husband often used to go away to her parental home. The allegation further made that immediately after the marriage, she washed away the vermilion and removed the bangles and having objected to that

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act of the newly wedded wife, she extended threat that she would commit suicide. Husband further alleges that she used to keep her menstrual clothes below her head and having objected to that, again threat was extended to commit suicide by consuming poison or jumping into a well. Husband also alleges that in odd hours, she used to live in the house in the company of one Dr. Khan and her cousin brother and having objected to that she used to shout and call the people. He further alleges that when she became sick, she refused to go for her treatment on the condition that she would only get treated by one Dr. Khan. The Husband further alleges that when he went out for the job work, and came back in the middle of the day for lunch, he frequently saw his wife in the company of one Dr. Khan and one day they were caught in a compromising position. Because of such illicit adulterous life led by the wife, mental cruelty was caused to the husband and it was difficult for him to stay, therefore, the decree of divorce was sought for.

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On the contrary, the wife denied the adverse allegations and stated that after the marriage, they stayed together at village Godhanpur, for one year thereafter, in order to find out work for survival, the husband moved to Balrampur for 7 months and they stayed there and thereafter in Ramanujganj they stayed for 10 to 11 months. The wife further stated that the husband has deserted her and the allegation of demand of dowry was also made. In respect of the adulterous life, she denied the allegation. It was further stated that Rs.50,000/- was paid on demand made by the husband to purchase a motorcycle by the father of the wife. She further alleges that the husband extended threat to the wife to get a share from her father and all the adverse averments were denied.

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On the basis of the pleading so made, the learned Family Court framed the issues of adultery and cruelty and after evaluating the evidence led by him, came to a conclusion that the allegations of adultery and cruelty have not been proved, therefore, the present appeal.

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Learned counsel for the appellant/husband would submit that to prove the evidence of adultery would be difficult and it has to be inferred by the circumstances. He referred to the evidence of husband (PW-1) and Rajkishore Sharma (PW-2), to submit that categorical statements were made by Rajkishore Sharma (PW-2) that the wife was caught in a compromising position with a third person. He would further submit that even the allegation of false demand of dowry was made, but, it has not been proved that alone itself would make out a case of cruelty. He would further submit that the learned Family Court though had admitted the averments of the husband, but at the same time refused to grant the decree of divorce, which is required to be corrected, in this appeal.

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Per Contra, learned counsel appearing for the Respondent would submit that except bald allegation of adulterry and the cruelty, nothing has been proved. He further submits that the conduct of the husband itself would show that for intermittent period he was in the company of the wife and he himself has deserted the wife. The husband has levelled serious allegations which otherwise would amount to cruelty meted out to the wife. He would submit that the allegations of the like nature require a strict proof, therefore, the finding arrived at by the learned Family Court is well merited and does not call for any interference.

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We have heard learned counsel for the parties and perused the pleading and the evidence.

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The overall pleading and evidence of the husband would show that main allegation was attributed to the wife about her unnatural behaviour after their marriage, which the wife has obviously denied. The husband further alleged that she used to frequently go out in the odd hours with one Dr. Khan and her cousin brother but that allegation has also been denied by the wife. To prove the fact of adultery, the husband stated that at various points of time, the wife was found in company of one Dr. Khan, when he came back to home from his work during the middle of the day. In order to prove the same, evidence of Rajkishore Sharma (PW-2) is also adduced to show that on a particular day, the wife and the third party were seen in a compromising position by him in presence of the husband.

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When the statement of husband is perused, it would show that omnibus allegations have been made that the wife was alleged to be in the company of one Dr. Khan at his residence. On the contrary, the evidence of the wife and her father would show that because of the behaviour of the husband, a social meeting was convened, wherein the husband admitted to behave properly and he was advised to mend his ways. So far as the allegations of adulterous life against the wife and she being caught in a compromising position with a third person outside the marriage is concerned, it is stated by Rajkishore Sharma (PW-2) that from a key hole of the door, he has seen the wife of the appellant with one person outside the marriage in a compromising position but that narration has not been made in verbatim by the husband himself.

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It is obvious that the burden to prove the allegation of adultery is on the person, who alleges, as the burden is no more than in a criminal case,

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where the consequence of an accused is equally serious. It has to be proved beyond reasonable doubt before the Court by the spouse who alleges the other spouse of being involved in an adultery and not by the circumstantial evidence. It has to a degree above the circumstantial evidence but omnibus allegation cannot be admitted to be an evidence.

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The wife on the contrary has alleged that on demand of dowry, a faint effort has been made by the husband, who submits that such demand also leads to mental cruelty but mere making an allegation of the like nature in our considered view and in facts of the case would not draw presumption of mental cruelty.

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There is no evidence on record to substantiate both the allegations of adultery and cruelty in the facts situation of this case, therefore, we are not inclined to entertain this appeal. Accordingly, the appeal is dismissed, The parties shall bear their own costs.

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A decree be drawn accordingly.

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Sd/Sd/-

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(Goutam Bhaduri) (Sanjay S. Agrawal) JUDGE JUDGE

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vivek

Manoj Sharma v. Smt. Seema Devi

Case brief

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Manoj Sharma v. Smt. Seema Devi

Case brief

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