SUDHIR NAYAK Vs. LILI KUMARI NAYAK
LAWS(ORI)-2021-3-13
HIGH COURT OF ORISSA
Decided on March 10,2021

Sudhir Nayak Appellant
VERSUS
Lili Kumari Nayak Respondents

JUDGEMENT

D.Dash,J. - (1.) The appellant, being aggrieved by the judgment and decree passed by the learned Additional District Judge, Chatrapur (Ganjam) in Mat. Appeal No.04 of 2016, has filed this appeal under section 100 of the Code of Civil Procedure (for short, 'the Code').
(2.) For the sake of convenience and clarity as also to avoid confusion; the parties hereinafter have been referred to in the same rank as assigned to them in the original proceeding before the Trial Court i.e. the appellant as 'the Petitioner' whereas the respondent as 'the Respondent.
(3.) The Petitioner, had filed an application before the learned Senior Civil Judge, Chatrapur (Ganjam), which stood numbered as Mat Case No.02 of 2014 for dissolution of her marriage with the Respondent with further prayer for return of Streedhan Articles and permanent alimony. The suit having been dismissed, the petitioner (wife) had preferred the appeal. The lower appellate court has set aside the judgment and decree passed by the trial court and accordingly, the appeal has been allowed. The case of the petitioner is that her marriage with the Respondent had taken place on 27.05.2005. In the said marriage, as per the demand made by the Respondent and other family members, a sum of Rs.70,000/-, one Hero Honda motorcycle, one Gold Chain, Ring, Watch, cash of Rs.40,000/- towards dress and other household articles, colour TV etc. had been given and she had also been separately presented with Gold Ornaments. It is her further case that after consummation of marriage, the period of happiness in her marital life was too short. It is stated that shortly after the marriage, the Respondent and his family members expressed their dissatisfaction over the dowry articles and started torturing her. The petitioner, finding no other alternative when informed her parents, who use used to reside in the same village, they had requested the Respondent to refrain from doing that. However, that did not provide any fruitful result and the state of affairs as before in so far as the torture upon the petitioner is concerned, continued. The petitioner went to join the respondent at his place of service at Meerut. It is stated that while residing at Meerut, the Respondent mentally tortured her by not allowing her to talk with anybody and most of the time was keeping her under lock and key when the Respondent was going out. During those periods, the Respondent started saying that had he married somewhere-else, he would have got much more dowry. It is the further case of the petitioner that she was being forced by the Respondent (husband) to do all the household work right from the morning till night that to even during her pregnancy when she was not well. During this period, she felt very weak and, therefore, as requested by her parents, she went to their house where she gave delivery. The child, however, died shortly after birth. It is stated that during that period, neither the Respondent nor any of his family member came to see her and take any care of the petitioner. Although the parental house of the Respondent is situated in the same village where the parental house of the petitioner is situated, the behavior shown was completely different and unusal. It is her further case that due to profuse bleeding at the time of delivery, she had gone to comma stage and those being duly informed to the Petitioner and other members of his family from time to time, none had shown any response from in any manner. It is further stated that despite all these, with utter hope of leading a happy marital life, in the Month of February, 2007, the petitioner again joined the house of the Respondent. That hope of establishing a happy marital life got shattered soon when the very night, the Respondent and his family members repeated the old practice of abusing her and then they also assaulted her. Such being the attitude and behavior of the Respondent and his family members, the petitioner found herself unsafe to continue in the company of the Respondent and his family members when they also often openly expressed in posing threats that if the matter was somehow reported to police, her life would be at stake, the petitioner was compelled to come back to her father's house. Despite all her desire and hope of continuing to live with the Respondent, the situations so created that the petitioner had no other alternative but to leave. Thus being compelled to leave the marital home and separately stay at her father's house, the petitioner after some time just made a grievance before the District Magistrate, Ganjam, who in turn asked the local police to look into the matter. An attempt at that level being made for conciliation, however, failed. Finally, a criminal case was initiated against the Respondent and his family members and police having found a prima facie case as to commission of offence under section 498(A)/341/294/506 read with section 34 of the IPC, had submitted charge sheet placing them for trial in the court of law. It is her case that since February, 2007, the Respondent made no such attempt to take her back and did not even bother to look after her maintenance or take information as to how she was living much-less to say of sending money. Life of the petitioner thus being miserable, in that way continued for a long period of seven years. Therefore, the petitioner thought it wise to have the marital tie snapped by the order of the court. So, she moved the court of Senior Civil Judge, Chhatrapur, Ganjam by carrying an application under section 13 of the Hindu Marriage Act praying for a decree of dissolution of her marriage with the Respondent. ;


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