HARI SHANKAR PRASAD, J. - (1.) THIS appeal at the instance of appellant -plaintiff is directed against the judgment and decree dated 15th February 2000 and 24th February 2000 respectively passed in Title (Matrimonial) Suit No. 2 of 1994 whereby the learned 1st Additional District Judge, Bokaro at Chas dismissed the suit. The aforesaid Title (Matrimonial) Suit was filed for dissolution as well as nullity of marriage under Sections 12(A) and 13(i)(a)(ii) of the Hindu Marriage Act, 1955 .
(2.) THE case of the appellant who is the plaintiff at the trial stage is that marriage between appellant - plaintiff and respondent No. 1 was solemnized on 1.3.1993 at Nawada according to the Hindu rites and customs. After the marriage on 2.3.1993 the respondent No. 1 was brought to her matrimonial house and during her stay in her sasural, she did not talk to anybody even with the appellant - plaintiff and whenever the appellant -plaintiff wanted to talk to respondent No. 1, she looked at him with anger as if she is ready to assault him and even sometime scolded him and did not allow the appellant -plaintiff to touch her body and when any indulgence for sex by the appellant -plaintiff was made, she bluntly refused by saying that she has no interest in such matter. When the plaintiff appellant wanted to consummate his marriage with respondent No. 1 she slapped him, on this the appellant -plaintiff became very agitated. Thereafter all sorts of attempt to bring her to normal state of affairs were made but all went in vain. On 12.3.1993 respondent No. 1 went back to her naihar and at the time of her departure, defects of which respondent No. 1 was suffering were brought to the knowledge to her father, who assured the appellant -plaintiff to get her properly treated. But condition did not change. On 26.3.1993 he went to bring her back but he was not allowed to bring her back on the ground that occasion was not auspicious one. On 14.4.1993 he again went to naihar of respondent No. 1 and brought her to his matrimonial house, but even after her return to her matrimonial house, her attitude towards her husband and his family members did not change and she continued to abuse her sasural people and even her mother -in -laws and father -in - law and, therefore being compelled by the circumstances, he has filed this case for dissolution and nullity of marriage. On the other hand, defendants -respondents appeared in the suit and filed W.S. and denied allegation of ill -treatment and desertion. The specific case of the defendant -respondent No. 1 is that when she came to her matrimonial house at Bokaro after her marriage with appellant plaintiff where she started her marital life with her husband and her marriage with the plaintiff - appellant was consummated in all respects. The father of defendant -respondent No. 1 had met all the demands of dowry made by the plaintiff and had given cash amount of Rs. 46,000/ - through bank Draft as well as 20 tolas of gold ornament, etc, and in all, dowry of about rupees two lakh was given to her father - in -law but he was not satisfied and he was demanding a Maruti Car and other articles which father of defendant -respondent No. 1 was unable to meet and consequently she was driven out of the matrimonial house. She was assaulted by her sasural people and food was not provided to her. She has claimed herself to be a lady of sound mind and she has denied allegation that she had ever misbehaved with her sasural people and demonstrated mental unsoundness or she had refused to have sexual intercourse with her husband. When on 12.3.1993 she was sent to her naihar, at that time she was warned to come only with Maruti Car and ultimately she was brought to her matrimonial house on 12.4.1993 where she remained till 30.6.1993. A panchayati was also field and in that panchayati, her husband admitted to have meted out torture to respondent No. 1 and promised to keep her in proper condition, but the demand of a Maruti Car continued. Ultimately she was driven out of the house. Being compelled by the circumstances she had to file a case under Section 498 -A, IPC against her husband and others.
(3.) ON the pleadings of the parties, following issues were framed for their determination in the suit. 1. Whether the suit as framed is maintainable? 2. Whether the plaintiff has any cause of action for the suit. 3. Whether the suit is barred under the principles of estoppel, waiver and acquiescence? 4. Whether the marriage between the plaintiff and defendant No. 1 was consummated? 5. Whether defendant No. 1 is suffering from any incurable unsoundness of mind or is impotent? 6. Whether defendant No. 1 had caused any mental torture and cruelty to the plaintiff on account of any misbehaviour on her part. ;