MEENA JHA Vs. BIPIN KUMAR JHA

JUDGEMENT

(1.) THIS appeal at the instance of the appellant has been preferred against the impugned judgment and decree dated 30.8.2001 and 15.9.2001 respectively passed in Matrimonial Suit No. 3 of 1995 by Shri George William Baa, 3rd Additional District Judge, Chaibasa whereby and whereunder the said suit filed by her petitioner -husband Bipin Kumar Jha was decreed and their marriage was dissolved.

(2.) THE respondent -husband has filed the aforesaid suit for dissolution of his marriage with his appellant -wife Meena Jha by a decree of divorce under Section 13(l)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as the said Act) that his wife has treated him with cruelty after solemnization of the marriage and has also deserted him for a continuous period of not less than two years immediately preceding the presentation of his matrimonial petition.

(3.) THE appellant -wife has filed her written statement on 25.3.1996 stating, inter alia, therein that she was brought up in a traditional middle class family with noble tradition and culture and it is false to say that her matrimonial home was not to her liking and it is also false to say that she has treated her husband and his family members with cruelty, rather, she tried to serve him and his family members with sincerity as a good sincere affectionate house wife. Her case further is that her husband and his family members were extremely cruel to her since the date of her arrival in her matrimonial home and they treated her with cruelty and she remained frightened and always under apprehension of physical and mental torture. It is alleged that she returned to her parent 'shouse in the month of February 1991 and not in the month of January 1991 as alleged in the company of her father with the permission of her husband. and his family members and after three months she returned to her matrimonial home at Kiriburu. It is also alleged that it is false to say that she had ever asked her husband for living separately from her parents. It is also alleged that she was instigated by the members of the family of her husband to commit suicide and she was tortured by them including her husband and they asked her to commit suicide or otherwise she will be killed and she being surrounded by the hostile members of the family of her husband in her matrimonial home could not bear such torture and she tried to commit suicide, but it is false to say that she has ever stated that she will implicate her husband and his family members in a criminal cases by committing suicide. The further case of the appellant -wife is that she has remained in her matrimonial home till 8.1.1996 but visiting her parent 'shouse intermittently and she was driven out from her matrimonial home on 8.1.1996 by her husband and his family members and since then she is residing in her parent 'shouse and all her ornaments and clothes were kept at Kiriburu by her husband and his family members and she was forcibly taken to Bokaro against her Will on 8.1.1996 and it is not a fact that she has deserted her husband any time. It is alleged that on 8.1.1996 in the mid night she was brought to her parent 'shouse by her husband along with his brother Nand Kumar Jha and one other person and her husband demanded a colour television, freeze and Rs. 50,000/ -as dowry from her father who requested them to stay there in the night and he will" talk with them in respect thereof in the morning and they stayed in the night in her parent 'shouse and inspite of the persuasion and inability of her father to fulfil the said demand, her husband returned to his house along with them leaving her there and thereafter her father several times went to Kiriburu and requested her husband as well as his family members to keep her in their house and also to return her ornaments and clothes etc. but all his request and entreaties failed. It is also alleged that she and her husband has last resided together on 8.1.1996 at Bokaro and therefore, the Court at Chaibasa has no jurisdiction in the matter. It is also alleged that her husband and his family members had obtained the signature of her father on several plain and stamped paper as a result of which her father has lodged a case against them before Marafari Police Station.