VISHNUDEO NARAYAN, J. - (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. The case of the petitioner -husband (now respondent in this appeal), in brief, is that their marriage was solemnized in accordance with Hindu religion and rites on 22.2.1990 at Bokaro and the 'gauna ' ceremony was performed in the month of November 1990 and his appellant -wife came to her matrimonial home at Kiriburu, District -Singhbhum West in his company for leading conjugal life and she did not find her matrimonial home to her liking as she hails from a high family being the daughter of employee of Bokaro Steel Factory and her father being General Secretary of the Employees Union of the said Factory and thereafter she started maltreating him, his old father, ailing mother and other members of his family and she was a woman of loose tamper and quarrelsome nature and he tolerated the cruel behaviour of his wife with the hope that there shall be a change in her behaviour towards them and all efforts made by him and his family members to keep her happy could be of no avail. It is alleged that his appellant -wife used to tell that she has come tp his family to rule and not to serve them as she belongs to a high family and she is not accustomed of the way of life of a middle class family of her husband and due to her continued cruel behaviour he suffered mental torture and in the month of January 1991 she has left her matrimonial home without informing anybody and went to her parent 'shouse at Bokaro and she returned to her matrimonial home in the month of May 1991 and from the first day of her arrival here she started misbehaviour and maltreating all the inmates of his house and she asked him to separate himself from the family and to start a separate establishment leaving his old parents which was refused by him and on 10.9.1991 she took over dose of sleeping pills with intention to commit suicide but she was saved due to her proper medical treatment and thereafter she started telling that she would commit suicide in the matrimonial home implicating him and his family members in criminal cases. It is alleged that he tried to reconciliate the matter with the help of local people which did yield no result and she again left her matrimonial home on 19.9.1991 after taking all of her ornaments and belongings and since then she did not return to her matrimonial home and she has deserted him without any reasonable cause and without his consent or against his wish and he has not condoned the acts of his appellant -wife. Lastly, it has been alleged that there is no issue out of their wedlock.
(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.;