Matrimonial Home Can't Be Built With Bricks & Stones But With Love, Respect & Care Between Spouses: Chhattisgarh High Court

A bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal observed this while dismissing a first appeal moved by Sarojlata Rajak challenging the judgment and decree passed by a family court in May 2023 dismissing her application seeking divorce from her husband on the grounds of cruelty and desertion [Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955]

The case in brief

It was her case before the Court that her marriage was solemnised as per Hindu rites and rituals in May 2014, and after marriage, she joined the company of her respondent-Husband; however, after 7 days into marriage, her husband abused her in filthy language and further had quarrels over trivial issues.

It is further pleaded that the respondent treated her with cruelty for bringing insufficient dowry. It is specifically alleged by her that her husband maintained illicit relations with one woman for the last 10 – 12 years on account of which he started assaulting her while hurling abuses in filthy language, and he even used to threaten to kill her.

She stated that the indecent behaviour of the respondent had prompted her to leave him and to live separately from July 2015. Thereafter, she, through her advocate, sent a legal notice to her husband in March 2019 alleging therein that the respondent had not come to take her back since July 2015.

Since there has been no cohabitation between them since July 2015, she moved a suit seeking divorce on the grounds of cruelty and desertion.

On the other hand, her husband resisted the civil suit by filing a written statement wherein he denied the allegations levelled against him. He specifically pleaded that he was always discharging his matrimonial duties. In contrast, the appellant/wife had left the matrimonial home and kept avoiding coming and staying with him on one pretext or another whenever he went to the appellant to bring her back.

Even his relatives tried to bring her back. Still, all their efforts went in vain, which forced him to file a suit for restitution of conjugal rights under Section 9 of the Act of 1955 before the Family Court, District Katni (MP), wherein the appellant appeared. However, to avoid living with the respondent, the appellant filed a civil suit seeking a divorce decree.

In his written statement, the husband categorically denied having illicit relations with another woman. Lastly, he asserted that he was still ready to keep the appellant and live a married life with her.

High Court's observations

Having heard the counsels for the parties, considered their rival submissions, and gone through the record carefully, the Court, at the outset, noted that the appellant-wife had left her matrimonial home without any rhyme or reason. In response, the respondent/husband tried bringing her back to live with him, including filing an application before the Family Court, Katni, for restitution of conjugal rights.

In its observation, the High Court reflected on a timeless adage: "A house is built with bricks and stones, but a home is built with love and affection." Echoing this sentiment, the Court emphasised that a matrimonial home transcends physical construction materials, as the same is built by love, affection, respect, caring, etc., between the spouses.

Further, examining the appellant's pleadings and statement, the Court inferred that the appellant/wife had always avoided the respondent's company on one pretext and/or another.

The Court also noted that her allegations with respect to his illicit relations with another woman, committing marpeet on her on several occasions and also demand of dowry were bald allegations, as no evidence and material was placed on record to show the attitude and manner of the respondent, therefore, the Court held, those allegations would not amount to cruelty.

Consequently, considering the evidence and material available on record, the Court concluded that the wife-appellant had been unable to prove her case against the respondent/husband with respect to cruelty and desertion as enumerated under Sections 13(1)(i-a) & 13(1)(i-b) of the Act of 1955.

In view of this, the Court upheld the findings recorded by the Family Court and dismissed the wife's first appeal.

Case title - Sarojlata Rajak vs. Vikas Kumar Rajak

Case citation: 2023 LiveLaw (CH) 14

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