Madhya Pradesh High Court
Ravi Sharma vs Smt. Jyotsana Sharma on 26 May, 2025
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
DB :- HON'BLE JUSTICE ANAND PATHAK &
HON'BLE JUSTICE HIRDESH, JJ
FIRST APPEAL NO. 1655 OF 2022
RAVI SHARMA
Versus
SMT. JYOTSANA SHARMA
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Appearance:
Shri Madhusudan Shrivastava- learned counsel for appellant-husband.
Shri Prashant Sharma- learned counsel for respondent-wife.
Reserved on : 07/05/2025
Pronounced on : 26/05/2025
JUDGMENT
Per Hirdesh, J:
Being dissatisfied with the judgment and decree dated 21/09/2022 passed by
Principal Judge, Family Court, Gwalior in RCSHM No.10959/2016 dismissing the
divorce application filed by appellant- husband under Section 13(1)(i-a) and (i-b) of
Hindu Marriage Act, the instant first appeal has been preferred under Section 19 of
the Family Courts Act.
(2) It is not in dispute that marriage of appellant with respondent was
solemnized on 02/03/2014 according to Hindu rites and rituals.
(3) In a narrow compass, necessary facts for disposal of instant appeal in short,
are that by way of filing divorce application before the Family Court, it was averred
by appellant that he has been living separately from respondent since 22/08/2015
without any reason. Respondent being a cruel woman tried to spoil atmosphere of
family over pity matters. On 12/07/2014, respondent started abusing him without
any valid reason and when his mother tried to stop, she abused the entire family,
saying that her marriage has been solemnized without her wishes. On 16/07/2014,
she went to her parental home with her brother without informing her in-laws. On
21/09/2014, respondent herself came to her matrimonial home with her mother,
brother and relatives. On the assurance of family members of respondent, she
undertakes not to spoil atmosphere of home in future. She was allowed to live in her
in-laws' house, but there was no change in her behaviour. She again started
quarreling and shown suspicious nature. On 04/07/2015, she went to office of
appellant to give the keys of house and went away saying that she would come after
2-3 days. Despite several calls, respondent did not return back. Thereafter, he made
a complaint at Police Station Dabari. It was further averrred that respondent came to
his office and tried to collect information from his colleagues and said that he is
characterless, as a result of which, his image at his workplace was tarnished and
appellant had suffered mental agony.
(4) It was further averred on behalf of appellant that when respondent was asked
to cook food, she replied that she is not maid. Respondent called her brother on
phone on 26/11/2015 at Delhi Railway Station and when respondent asked him to
go with her brother, he refused. Then, she started abusing him and called police by
dialing 100. Thereafter, respondent took away all her Stridhan and went to her
parental home with her brother and threatened to teach him a lesson by sending her
behind the bar. A false complaint was submitted against him by respondent at
Mahila Thana Padav. On the basis of said complaint, settlement was held between
them to live at different place from the family of appellant. In pursuance thereof, he
started living separately from his family. On 08/02/2015, she again started abusing
him and tortured him. Respondent insisted him to drop her to her maternal home,
therefore, on 22/08/2015, he dropped her at Railway Station to go to her parental
home. On 12/09/2015, she lodged a false complaint to Police Station Mahila Thana
Padav. Despite several efforts made by him to keep the respondent with him, but she
threatened to commit suicide and implicate him in a false and frivolous case. On
these grounds, he prayed that marriage solemnized with respondent on 02/03/2014
be dissolved.
(5) In counter, respondent- wife filed her reply denying allegations of her
husband- appellant and pleaded that on 12/07/2014, as it was a fast on Monday of
Savan month, she was going to the temple with Puja Thali, her mother- in- law
pushed her, due to which, her Puja Thali fell down. Her mother-in-law abused her
and did not let her go to the temple. Due to competitive examination for bank
Department, she asked appellant to accompany for the said examination, but he
refused to go with her. Thereafter, she called her brother and with consent of
appellant and his family, she came to Gwalior for bank competitive examination.
(6) In the reply, it was further pleaded that on 08/02/2015, appellant took her to a
rented house after counselling proceedings at Mahila Thana Padav. On 04/07/2015,
she went to appellant's office to give the keys of house because she was going for
search of job. She asked her husband to drop her where her relative live in Nagaloi,
but appellant refused. She further stated that while living in in-laws house, she
performed domestic duties in a proper manner. Family of appellant used to keep
kitchen locked and was raising suspicion on her. After marriage, she worked in
Trade India Company and earned Rs.20,000/- per month. Trade India Company
asked her to buy a vehicle but appellant did not buy the vehicle. Hence, she was
terminated by Trade India Company for not completing her target. Appellant-
husband was earning Rs.75,000/- per month and he transferred his salary in another
account so that she could not get any information. Appellant was neglecting his
responsibilities and not discharging his obligations, as husband. On 29/11/2014, she
had lodged a report against appellant and his family members in Police Station
Mahila Thana Padav. Thereafter, settlement was held between both of them and
further date i.e. 10/03/2015 was fixed. Thereafter, appellant took her with him in a
rented house in Delhi where there was no proper arrangement for her stay. She
wants to live with appellant and establish marital relationship with him. Therefore,
she filed an application for restoration of conjugal rights. Hence, prayed for
dismissal of divorce application filed by appellant.
(7) After considering the pleadings of both the parties, the Family Court framed
issues. After appreciating evidence of both the parties as well as material available
therein, dismissed the divorce application filed by the husband on the ground that
appellant-husband failed to prove ''desertion and cruelty'' against respondent.
(8) Being dissatisfied with the impugned judgment and decree, the appellant has
knocked the door of this Court by way of instant first appeal.
(9) It is contended on behalf of appellant that the impugned judgment and decree
passed by the Family Court without going through the evidence produced by the
parties which is contrary to law and facts on record. It is contended that Family
Court committed error in not accepting Issue No.1 as proved. Such behaviour of
respondent leaving the house without informing anybody is evident from the
pleadings and complaint filed by appellant vide Ex.A-4. Respondent has filed false
cases against him and his family members. Respondent has been living separately
from the appellant for more than ten years without any valid reason and has
deprived him of happiness of marital life which comes under the category of cruelty.
Therefore, appellant is entitled for decree of divorce on these grounds by allowing
the instant appeal.
(10) On the other hand, learned counsel for respondent supported the impugned
judgment and opposed contention of appellant and submitted that she still wants to
live in her matrimonial home and fulfilling her duties as a wife and maintaining
conjugal life and wants to live with her husband appellant. Hence, prayed for
dismissal of appeal filed by appellant.
(11) Heard learned counsel for the parties and perused the record.
(12) During pendency of instant appeal, on 07/05/2025, both the parties
(appellant and respondent) had appeared before this Court in person and they are
identified by their respective counsel. They fairly submitted that they have realized
the futility of litigation undertaken so far and want to one time settlement, and,
therefore, they filed affidavits with regard to permanent alimony.
(13) During the course of hearing, respondent and appellant filed their affidavits
in the shape of Document No.28 of 2025, stating therein that they are not ready and
willing to live together as husband and wife. Both the parties are agreed on the
pretext that appellant shall give an amount of Rs.16,49,000/-as permanent alimony
(past and future maintenance and amount due of maintenance ) to respondent which
shall be paid within a period of one month. In return, respondent shall withdraw all
pending criminal, civil and recovery- related cases against appellant and his family
members.
(14) Without going into merits of case, Document No.28 of 2025 is taken up,
considered and allowed. In view of contents of affidavits sworn by both the parties,
permanent alimony to the tune of Rupees Sixteen Lacs Forty Nine Thousand is
granted to respondent to the extent as mentioned above. Marriage between the
parties is dissolved by way of granting aforesaid permanent alimony.
(15) In view of foregoing discussions, the judgment and decree dated 21/09/2022
passed by Principal Judge, Family Court, Gwalior in RCSHM No.10959/2016
deserves to be and is hereby set aside.
(16) Subject to above compliance of direction, decree be drawn accordingly.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
MAHE
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GWALIOR,
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st=Madhya Pradesh,
BARIK
serialNumber=AB90F893988F10D71
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cn=MAHENDRA BARIK
Date: 2025.05.26 14:07:56 +05'30'
