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Insistence By Wife To Live With Her Husband At Place Of His Posting Is Not Cruelty: Chhattisgarh High Court

Ravishankar Shrivas V/S Smt. Sarita Sen [FAM No. 237 of 2019]

The Chhattisgarh High Court ruled that the Insistence done by wife to live with her husband at the place of his posting is not Cruelty towards him.

The bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari observed that the appellant had tried to bring back his wife, which is belied by the stand taken by the wife during the counseling proceeding, as she said that she had expressed her desire to join the Company of the appellant and it was the appellant who refused to keep her. It is obvious that if the wife insists to stay with the husband and without any reason or official cause if husband refuses to keep her at the posting place, it cannot be said to be a cruelty by the wife towards the husband for such insistence.

The parties were married on 19.5.2005 at  Village Maro, District Bemetara. It was alleged that after some time of the marriage, behaviour of the wife was changed and she started raising quarrels. She made pressure on her husband to live separately from his parents. The wife was also not performing the domestic responsibility. It is further alleged that she used to visit her parent’s house frequently without any reason and consent of his husband. In the month of June, 2009, she voluntarily lefts her matrimonial house and refused to return back. After some months when the appellant along with his father and other relatives had gone to take back his wife, she returned back. In the month of December, 2009, she again called her brother and said that she does not like her husband and don’t want to live with him and left her matrimonial house again. After this also appellant has tried several times to bring her back, even at the time of the marriage of appellant’s younger brother she refused to come.

In the year 2012 mother of the appellant and in the year 2015 father of the appellant expired, at that time also, the appellant tried to take back his wife, but she was not willing to return.

The wife has filed an application for maintenance before the family Court, Raipur under Section 125 of the CrPC, in which maintenance amount of Rs.5500/- per month was granted to her. While denying the allegations of husband, it is pleaded by the wife that during the Counseling before the Family Court, Raipur, she had agreed to return back to her matrimonial house but the appellant himself, by making false allegations, refused to keep her. It has been further stated in the reply that till 5 years of the marriage they both had lived happily and thereafter he started harassing her and did not take her at the place of posting of him.

The appellant submitted that the evidences show that the wife has treated the appellant with Cruelty and also deserted him since 2009.

Counsel prays to allow the Appeal and grant decree of Divorce in favour of the appellant.

The Counsel for the respondent, Nirupama Bajpai, contended that the respondent has clearly expressed her desire that she is willing to join the company of her husband and willing to reside at the place of posting of her husband. However, the appellant himself is not willing to take her back and put false allegations on his wife.

The court observed that with respect to permanent alimony, it is admitted that the appellant is working as Shiksha Karmi Grade-I and the respondent is getting  maintenance of Rs.5500/- per month Under Section 125 of the CrPC. Considering the present market rates the court granted Rs.15,000/- as monthly Maintenance to the wife.

The bench ordered the Husband to pay a amount of Rs.15,000/- as monthly Maintenance to his wife and directed that in every 3 years, there shall be an increase @ 5% on the aforesaid amount.

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