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CGHC010454642024 2026:CGHC:41478-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

Judgment Reserved on: 17-09-2026

Judgment Pronounced on : 24-09-2026

Judgment (Full) Uploaded on : 24-09-2026

FA(MAT) No. 8 of 2025

(Arising out of judgment and decree dated 11.11.2024, passed in Ciil Suit

No.290A/2021 (Devashish Vishwas v. Smt. Ekta Vishwas) by the Family

Court, Ambikapur, District Sarguja (CG))

Smt. Ekta Vishwas W/o Devashish Vishwas Aged About 26 Years D/o

Kishor Ghosh, R/o House No. 28, Bangali Para, Ward No. 3 Dairy Farm

Road, Banaras Road, Near Shiv Mandir, Police Station Gandhinagar,

Tehsil Ambikapur, District Sarguja Chhattisgarh.

... Appellant/

Defendant

Versus

Devashish Vishwas S/o Dulal Vishwas Aged About 38 Years R/o

Santoshi Nagar, P.O. Bardar, Police Station And Tehsil Balrampur,

District Balrampur Ramanujganj Chhattisgarh Current Address

Through Commandant Chhattisgarh Armed Forces, 6th Battallion,

Raigarh, Narayanpur, District Narayanpur Chhattisgarh.

... Respondent/

Plaintiff

[Cause-title taken from Case Information System (CIS)]

------------------------------------------------------------------------------------

For Appellant : Mr. Praveen Soni, Advocate

For Respondent : Mr. Vidya Bhushan Soni, Advocate

-------------------------------------------------------------------------------------

Division Bench

Hon'ble Mr. Justice Parth Prateem Sahu, and

Hon'ble Mrs. Justice Sushma Sawant

CAV Judgment

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Sushma Sawant, J.

1.Invoking the jurisdiction of this Court under Section 19(1) of the

Family Courts Act, 1984 (for short the “Act of 1984”) the appellant

herein/defendant wife has preferred this appeal challenging the

judgment & decree dated 11.11.2024, passed by the Judge, Family Court,

Ambikapur, District Surguja in Civil Suit No.290A/2021

(Devashish Vishwas v. Smt. Ekta Vishwas) by which though the

application filed by the respondent herein/plaintiff husband under

Section 13 of the Hindu Marriage Act, 1955 for grant of a decree of

divorce against the appellant herein/defendant wife has been allowed

but the learned Family Court also failed to provide permanent alimony

to the appellant/defendant.

2.The aforesaid challenge has been made on the following factual

backdrop: -

(For the sake of convenience, parties hereinafter will be

referred as per their status shown and ranking given in the civil suit

before the Family Court.)

Factual Matrix

-:Admitted facts between the parties:-

3.The marriage of respondent herein/plaintiff Devashish

Vishwas was solemnized with appellant herein/defendant Smt. Ekta

Vishwas in accordance with the Hindu rites and customs, on

17.02.2016 and, a child was born from the said marriage. After the

marriage, both the parties lived together for only 6-7 days with each

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other and as the respondent /plaintiff husband was a Government

employee he went Dantewada for performing his duties and, at the same

time, the appellant/defendant wife went to the Hostel for her nursing

education.

-:Case of the Respondent/Plaintiff before the Family

Court:-

4.Respondent herein/plaintiff Devashish Vishwas filed Original

Civil Suit No.290A/2021 (Devashish Vishwas v. Smt. Ekta

Vishwas) for a decree of divorce on the ground of 'cruelty' committed

by appellant herein/defendant Smt. Ekta Vishwas. According to the

plaint allegations, when the appellant/defendant wife completed her

nursing education, she came back to her matrimonial house and,

thereafter, she did not used to do any kind of house-hold work which

were generally performed by a house-wife and the appellant/defendant

wife used to quarrel with the parents of the respondent/plaintiff

husband and, even used to go her parental house very frequently that

too without informing anyone in the family of the respondent/plaintiff

husband.

5.It is the further case of the respondent/ plaintiff husband that the

appellant/wife used to deliberately quarrel with him and tried to harass

him mentally. According to the plaintiff/husband, the defendant/wife

used to have illicit relationship with some other and, in absence of the

respondent/plaintiff husband, she used to make telephonic

conversation with him and even she used to call him in the house in

absence of the plaintiff/husband. Due to the appellant/defendant

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establishing an illicit relationship with another man in the

respondent/plaintiff’s absence, the plaintiff suffered severe mental

anguish. He began to feel that his future was becoming uncertain and

feared that if the defendant continued to live with him, she might even

kill him. Because of the resulting stress, he was unable to perform his

duties properly.

6.It is also the case of the plaintiff/husband that the defendant/wife

did not even take proper care of their two-year-old daughter. The

defendant/wife repeatedly went to her maternal home. She did not want

to live with the plaintiff under any circumstances or lead a married life

with him. Rather, with the intention of harassing the plaintiff, she

submitted completely false and fabricated applications against him to

his department, alleging various matters and wanted to initiate

proceedings. The plaintiff also came to know that the defendant had

established an illicit relationship with another man from her parental

village. Since the defendant has deliberately abandoned the matrimonial

home and is living separately, the petitioner has no option left except to

seek dissolution of the marriage. Therefore, on the aforesaid factual

premise, it was prayed that the suit filed for divorce be decreed.

-:Written Statement of the Appellant/Defendant before the

Family Court:-

7.After service of the summons, the defendant/wife appeared and

filed her written statement, denying the facts stated in the application

and pleaded that when she was a first-year nursing student, the

plaintiff’s family members approached her family with a marriage

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proposal. After consulting persons from the defendant’s

caste/community, her family accepted the plaintiff’s proposal. At the

time of finalizing the marriage, the plaintiff had promised the

respondent/plaintiff husband’s family that he would bear the entire fee

for her nursing course. However, subsequently, the plaintiff did not

fulfill his promise and paid only ₹50,000 towards the defendant’s

education/hostel expenses, while all the remaining expenses were borne

by the defendant’s parents.

8.It is also stated by the defendant that the family members of the

plaintiff used to misbehave with her and physically harass her.

However, in order to preserve her married life, she tolerated the said

harassment. The mother of the plaintiff demanded ₹4,00,000 from her

and pressurized her to have 10 decimals of her father’s land transferred

in the name of plaintiff. She was harassed day after day over these

demands. When the plaintiff came to know about the said harassment

being inflicted upon the defendant by her in-laws, he supported the

same. Therefore, in January 2017, after informing the plaintiff about all

the aforesaid facts and obtaining his permission, she returned to her

parental home.

9.It is also stated by the defendant that from the very beginning, the

plaintiff had relationships with other women. The plaintiff established

illicit relationship with a woman named Ankita Minj. Because of this,

the plaintiff would abuse her using filthy/obscene language and

threaten to throw her out of the house. Nevertheless, she continued to

tolerate the plaintiffs harassment in order to save her married life.

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When, the defendant became pregnant and she informed the plaintiff

about the pregnancy, he started pressuring her to terminate the

pregnancy. Since the plaintiff did not want the child, he took the

defendant to Mission Hospital, Raigarh, purportedly for a routine

check-up, and, without informing her or obtaining her

knowledge/consent, had her given an injection. As a result, after some

time, the defendant suffered a miscarriage. After learning about the

above act, the plaintiff also threatened her stating that if she told anyone

about it, he would kill her. Because of the miscarriage, the defendant’s

condition became critical and her entire medical treatment was borne

by her mother.

10.It has been further stated by the defendant that the plaintiff used

to make allegation about the character of the defendant. Indeed, the

plaintiff himself has been a person of licentious character from the very

beginning. After the marriage, he carried on illicit relationships with

Ankita Minj and Pinki Thakur. When the defendant/wife learned of this,

the plaintiff, in order to conceal his conduct, would harass her and

repeatedly send her back to her parental home. Even, while staying at

her parental home, when she made inquiries about the plaintiff, she

learned that the plaintiff, at his workplace, was keeping another woman

with him and had established an immoral relationship with her. Because

the plaintiff has established an illicit relationship with another woman,

he does not wish to keep the defendant and their daughter with him.

The defendant has not mistreated the plaintiff or his family in any way.

She still wishes to live with the plaintiff today and continue their

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married life and, as such, she filed a case against the plaintiff under

Section 9 of the Hindu Marriage Act (restitution of conjugal rights) and

since the plaintiff wants to obtain a decree of divorce on the basis of

false facts, the same is liable to be dismissed.

11.The Family Court after appreciating oral and documentary

evidence available on record, framed following issues and answered the

issues as under:-

S.No. Question for Consideration Finding

1.Whether the defendant/wife after

solemnization of her marriage with

the plaintiff/husband, treated the

plaintiff/husband with cruelty?

“Proved”

2.Relief and costs of the suit “As per para-30 of the

impugned judgment”

12.Parties were given an opportunity to adduce evidence and after

completion of trial, the suit of the respondent/

herein/plaintiff/husband has been allowed vide Judgment dated

11.11.2024, whereby though a decree of divorce has been granted in

favour of the plaintiff/husband but the learned trial Court failed to

provide permanent alimony to the appellant/defendant, being aggrieved

against which, this appeal has been filed on the following grounds:-

(i) That, the learned Family Court while passing the impugned

judgment has failed to appreciate the pleadings, the evidence and

the material brought on records by the parties in its correct

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prospective which has resulted the erroneous findings and

consequent judgment.

(ii) That the claim of the respondent/ plaintiff husband of cruelty

is unsustainable and lacks corroboration. The allegations that the

appellant misbehaved, refused to do housework or fought with his

family are vague and devoid of concrete incidents or witnesses.

(iii) That the respondent/plaintiff husbands’ extramarital

relationships with women, namely, Ankita Minz and Pinky

Thakur, amount to gross martial misconduct. Such behavior

undermines the sanity of marriage and shits the blame for marital

discord onto the respondent/plaintiff husband .

(iv) That, the respondent/ plaintiff husband initiated the divorce

case on baseless grounds to hide his extramarital relationships.

The timing and progression of the divorce case reflects his

intention to avoid marital responsibilities rather than genuine

grievances.

(v) That the learned Court while granting the decree of divorce in

favour of the respondent/ plaintiff husband has failed to provide

permanent alimony to the appellant.

(vi) That, Section 25 of the Act of 1955 mandates the court to

consider awarding permanent alimony to the spouse unable to

maintain themselves after a divorce decree. The denial of alimony

disregards the appellant’s dependence on the respondent

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/plaintiff husband and her need for financial security for herself

and her child.

(vii) that, the appellant has sole responsibility for raising the

minor child, who is entitled to financial support for the

respondent/plaintiff husband . Denying alimony effectively shifts

the entire burden onto the appellant, jeopardizing the child’s

welfare and violating the principle that both parents must

contribute to their child’s upbringing.

(viii) That, the judgment passed by the learned family Court is

illegal, erroneous and contrary to law and is liable to be set aside.

13.Heard on the Appeal. In the context of the appeal and arguments,

evidence and documents, available on record of the Family Court were

examined.

14.In order to dispose of this First Appeal, the following questions are

to be considered:-

(i) Whether the Family Court is justified in allowing the

application filed by the Respondent /plaintiff husband

for grant of decree of divorce on the ground of cruelty

that too without providing permanent alimony?

(ii) Whether the Appellant-Wife is entitled for

permanent alimony ?

-:Arguments of the Appellant/Plaintiff:-

15.The learned counsel for the appellant, while assailing the findings

recorded by the learned Trial Court, has submitted, with reference to the

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grounds raised in the appeal, that the finding regarding the alleged

extra-marital relationship of the wife is wholly unsustainable. It is

contended that the husband had levelled a serious allegation against the

wife that she was having an illicit relationship with another person, but,

despite making such a grave allegation, he failed to produce or place on

record the alleged CD, which was stated to contain material in support

of the said allegation. Thus, the very material relied upon by the

husband has not been brought on record or proved in accordance with

law.

16. It is further argued that the allegation against the wife is based

merely upon an unsubstantiated assertion and is not supported by any

cogent or reliable material. According to learned counsel, where a party

makes a serious allegation affecting the character and reputation of the

spouse, the same cannot be accepted merely on the basis of pleadings or

bald oral assertions, particularly when the alleged supporting material

has not been produced before the Court.

17. In the written arguments, learned counsel for the appellant has

particularly emphasized the issue of alimony and submitted that no

order with regard to alimony has been passed by the learned Trial

Court. It is, therefore, prayed that this Court may consider and decide

the claim for alimony, keeping in view the financial capacity and income

of the husband, who is serving as a Constable, the needs of the wife and

the minor daughter, and the status and standard of living of the parties.

-:Arguments of the Respondent/Plaintiff:-

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18.Per contra, learned counsel for the respondent /plaintiff husband

has supported the impugned judgment and submitted that the same is

just, proper and based on due appreciation of the oral and documentary

evidence available on record. It is contended that the learned Trial

Court has considered the pleadings and evidence in their proper

perspective and has recorded findings which are well-reasoned and

supported by the material on record. No perversity, illegality or

material irregularity has been pointed out warranting interference by

this Court in appeal. It is, therefore, submitted that the appeal, being

devoid of merit, deserves to be dismissed and the impugned judgment

affirmed.

-: Details of evidence and documents available before the

Family Court:-

19.Before the Family Court, witnesses on behalf of the

appellant/defendant wife have been examined as Smt. Ekta Vishwas

(DW-1), whereas on behalf of the respondent/plaintiff husband-

Devashish Vishwas (PW-1), and his mother Smt. Laxmi Vishwas

(PW-2).

-:Details of documents submitted by the Parties : -

20.It is particularly significant that, apart from the oral evidence,

neither party has produced any documentary evidence in support of

their respective case.

-:Analysis of the Appellate Court:-

Points for determination No. (i) and (ii)-

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21. Both the issues are interdependent on each other and therefore ,they

all are being decided together.

22.The parties, in support of their respective pleadings, have led

elaborate oral evidence and levelled allegations and counter-allegations

against each other concerning their character. A perusal of the evidence

makes it apparent that the matrimonial relationship between the parties

was never normal after their marriage. Therefore, an elaborate

reappraisal of the entire evidence by the appellate Court would serve no

useful purpose.

23.The only question that remains to be examined is as to which

side has subjected the other to greater cruelty. Since both parties

have levelled allegations against each other regarding their character,

the controversy involved in the present case lies within a narrow

compass. The respondent /plaintiff husband, along with various

other allegations, has alleged that the appellant/defendant wife had

an illicit relationship with one Afsar Khan. Except for his own

statement, the applicant has not produced any independent evidence,

such the alleged CD containing recording of telephonic conversation or

the statement of eyewitnesses, in support of the said allegation.

24.However, certain suggestions put by the appellant/defendant

wife to the respondent /plaintiff husband , in his cross-

examination are relevant in this regard. In particular, the suggestions

made by her in paragraphs 19, 20 and 22 of the cross-examination are

noteworthy, wherein she went to the extent of suggesting that she had

apologized to the respondent /plaintiff husband, in connection

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with the alleged Afsar Khan incident. If no such incident had ever

occurred between the parties, there would ordinarily have been no

occasion for such a suggestion regarding an apology. These

circumstances, therefore, lend support to the applicant’s case that an

incident concerning Afsar Khan had in fact arisen between the parties.

25.Most importantly, on this aspect, although the mother (Savita

Ghosh) of appellant/defendant wife filed an affidavit under Order

VIII rule 4 of the Code of Civil Procedure in support /of the

appellant/defendant wife, but did not enter the witness box to

subject herself to cross-examination. In view of the suggestions put in

cross-examination, coupled with the aforesaid circumstances, an

adverse inference can legitimately be drawn against the

appellant/defendant wife.

26.The fact that the appellant/defendant wife has also made

allegations regarding the respondent /plaintiff husband’s

relationships with other women indicates that allegations concerning

the conduct of the parties formed part of the matrimonial dispute

between them. This circumstance is relevant while appreciating the

respective versions of the parties. On an overall consideration of the

evidence, the version of the respondent /plaintiff husband appears

to merit greater acceptance on this aspect.

27.The present petition has been filed on the grounds of cruelty,

desertion and adultery. However, a perusal of the pleadings as a whole

indicates that the principal allegations relate to cruelty, and the Trial

Court framed an issue only with regard to cruelty. The

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appellant/defendant wife did not oppose the framing of the issue

and raised only a formal objection with regard to the finding of cruelty.

This conduct may also be taken into consideration while examining

whether she was willing to resume cohabitation with her husband.

28.For the sake of argument, even if the aforesaid facts are not taken

into account, the material available on the record of the Family Court

indicates that the conduct of the appellant/defendant wife was more

attributable to the circumstances of the present case. The wife’s alleged

closeness with another person would, in the circumstances, constitute

mental cruelty towards the husband. Likewise, making allegations

against the husband of having an illicit relationship with another

woman, without sufficient basis, may also constitute mental cruelty.

29.As regards the concept of cruelty, the Hon’ble Supreme Court has

explained in several decisions that no strait jacket formula can be laid

down for determining what constitutes mental or physical cruelty; the

issue has to be examined having regard to the peculiar facts and

circumstances of each case.

30.In Ravi Kumar v. Julmidevi, (2010) 4 SCC 476 , the Apex

Court held that cruelty cannot be precisely defined and must be assessed

on the facts and circumstances of each case. It may arise from acts,

omissions, words, gestures or silence, and the cumulative effect of the

conduct on the marital relationship is required to be considered. The

categories of cruelty are not exhaustive. The relevant paragraphs of the

said judgment are reproduced herein below:

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“It may be true that there is no definition of cruelty

under the said Act. Actually such a definition is not

possible. In matrimonial relationship, cruelty

would obviously mean absence of mutual respect

and understanding between the spouses which

embitters the relationship and often leads to

various outbursts of behaviour which can be

termed as cruelty. Sometimes cruelty in a

matrimonial relationship may take the form of

violence, sometimes it may take a different form.

At times, it may be just an attitude or an approach.

Silence in some situations may amount to cruelty.”

31.Further, in Roopa Soni v. Kamalnarayan Soni 2023 SCC

OnLine SC 1127, the Hon‘ble Supreme Court held that ―

“The word ―cruelty u/s 13(1)(ia) of the 1955 Act

has got no fixed meaning, and therefore, gives a

very wide discretion to the Court to apply it

liberally and contextually. What is cruelty in one

case may not be the same for another. As stated, it

has to be applied from person to person while

taking note of the attending circumstances.”

32.Having regard to the principles enunciated in the aforesaid

judgments, and upon consideration of the facts and circumstances of

the present case, the conduct of the wife towards the husband is found

to constitute cruelty.

33.More importantly, the circumstances of the case, viewed as a

whole, indicate that the wife had no intention of resuming cohabitation

with the husband and was primarily concerned with her claim for

alimony. Significantly, she has remained silent even with regard to the

outcome of her claim for restitution of conjugal rights (Order sheet

dated 16-10-2024 of Family Court is relevant). In these circumstances,

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the Trial Court cannot be said to have committed any error in recording

its finding in favour of the husband.

-:Section 25 of Hindu Marriage Act.1955 :-

34.Alongwith appeal, the respondent/defendant/wife filed an

application under Section 25 of the Hindu Marriage Act, 1955 seeking

grant of permanent alimony. Learned counsel for both the parties

advanced their respective submissions on the said application as well.

35.As regards the grant of alimony under Section 25, both parties

have filed the requisite affidavits in terms of the directions issued by the

Hon’ble Supreme Court in case of Rajnesh Vs. Neha and another

2021 (2) SCC 324. However, the wife neither made any specific claim

for alimony before the Family Court nor led any evidence in support

thereof.

36.Reference to Section 25 at this stage would be appropriate, which

reads as under:—

“25. Permanent alimony and maintenance.-

(1)Any court exercising jurisdiction under this Act may, at

the time of passing any decree or at any time subsequent

thereto, on application made to it for the purpose by either

the wife or the husband, as the case may be, order that the

respondent shall *** pay to the applicant for her or his

maintenance and support such gross sum or such monthly or

periodical sum for a term not exceeding the life of the

applicant as, having regard to the respondent's own income

and other property, if any, the income and other property of

the applicant , the conduct of the parties and other

circumstances of the case, it may seem to the court to be just,

and any such payment may be secured, if necessary, by a

charge on the immovable property of the respondent.

(2)If the court is satisfied that there is a change in the

circumstances of either party at any time after it has made an

order under sub-section (1), it may at the instance of either

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party, vary, modify or rescind any such order in such manner

as the court may deem just.

(3)If the court is satisfied that the party in whose favour an

order has been made under this section has re-married or, if

such party is the wife, that she has not remained chaste, or, if

such party is the husband, that he has had sexual intercourse

with any woman outside wedlock, it may at the instance of

the other party vary, modify or rescind any such order in

such manner as the court may deem just.”

37.The provision itself makes it clear that, upon an application being

made in this regard, the amount of permanent alimony is to be

determined after due consideration of the relevant circumstances. The

aforesaid principle has also been reiterated by the Hon’ble Supreme

Court in Vinny Parmvir Parmar v. Parmvir Parmar , (2011) 13

SCC 112, wherein it has been held that the income and property of both

parties, their respective needs, the status of the parties, the capacity of

the husband to pay and other relevant circumstances are required to be

taken into consideration while determining permanent alimony. The

same principle has subsequently been reiterated in U. Sree v. U.

Srinivas, (2013) 2 SCC 114.

38.The Supreme Court in Rajnesh (supra) dealt extensively with the

criteria for determining maintenance/permanent alimony and

specifically observed that, for permanent alimony, parties may lead oral

and documentary evidence regarding income, expenditure and

standard of living before the Court for fixing the amount.

39.It is significant that the wife did not make any application seeking

alimony before the Family Court, nor did she place any evidence on

record in support of such claim. In such circumstances, the claim for

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alimony cannot appropriately be adjudicated by this Court for the first

time in appellate jurisdiction, without the relevant facts and material

having been considered by the Court of first instance.

40.In view of the aforesaid provision, the wife may initiate

appropriate proceedings separately for determination of permanent

alimony in accordance with law.

-:Conclusion:-

41.Accordingly, the appeal is dismissed and the judgment and

decree dated 11.11.2024, passed by the learned Family Court in Civil Suit

No.290A/2021 (Devashish Vishwas v. Smt. Ekta Vishwas) are affirmed.

42.As regards the claim for permanent alimony under Section 25 of

the Hindu Marriage Act, 1955, no order is called for in the present

proceedings, particularly when no such claim was made before the

learned Family Court and no evidence was led in that regard. However,

the wife shall be at liberty to file an appropriate application under

Section 25 of the Act, if so advised, which shall be considered by the

competent Court in accordance with law.

43.Decree be drawn-up accordingly.

Sd/- sd/-

(Parth Prateem Sahu) (Sushma Sawant)

Judge Judge

s@if