Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
SKS v. STS, FA(MAT) No. 316 of 2023, decided on 18-08-2025.
Chhattisgarh High Court: In an appeal filed by an advocate against the judgment passed by the Family Court whereby his divorce application filed under Section 13(1) (1-b) of the Hindu Marriage Act, 1955 (‘HMA’), was rejected, the Division Bench of Rajani Dubey and Amitendra Kishore Prasad*, JJ., allowed the appeal, holding that the husband had clearly suffered mental cruelty and was deserted by the wife.
The couple got married in 1996 and had two children. Disputes allegedly arose when the wife obtained a PhD and secured a position as a principal. She started acting proud of her position and frequently quarrelling over trivial matters, taunting her husband regarding his job. During the COVID-19 pandemic, when the husband’s income ceased due to the Courts being closed, the wife allegedly verbally abused him, calling him unemployed and demanding unnecessary things which he could not provide. In 2020, the wife left the matrimonial home with their daughter and went to her sister’s house. The applicant, along with his son, visited her sister’s home to bring her back, but she refused to come home and allegedly ousted her husband after a quarrel. Despite several efforts by the husband, the wife did not return. After about a month, she returned with the applicant but left again after five days, leaving a letter stating that she was leaving the matrimonial home of her own will and intended to sever all relations with her husband and son. Since then, the wife had deserted him, prompting him to inform the Mahila Cell, Bhilai. The husband and his son also made multiple attempts to contact the wife, who did not respond to calls, leading him to file for dissolution of the marriage. As per the record, the wife was duly served with summons, and the paper publication was also made. Despite the service, she did not appear before the Family Court on any of the hearing dates. The matter was adjourned on multiple occasions, but she failed to avail herself of those opportunities. Ultimately, the Family Court proceeded ex parte, framed one issue, and decided the matter based on the oral and documentary evidence adduced by the husband, thereby dismissing the application. Aggrieved by the ex parte decree, the husband filed the present appeal, contending that the wife neither appeared before the Family Court nor filed any written statement nor entered the witness box to record her evidence. Therefore, he prayed that the ex parte decree be set aside and the matrimonial relationship be dissolved.
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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509
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