- (1.) THIS appeal under section 19 (1) of the Family Courts Act is directed against the judgment and decree dated 23rd December, 2002 passed by the principal Judge, Family Court, Singhbhum east at Jamshedpur in Matrimonial Suit no. 40 of 2001 whereby the suit filed by the respondent-husband for the dissolution of marriage by a decree of divorce has been decreed.
(2.) THE case of the respondent-husband as pleaded in the plaint is that he was married with the appellant on 16th February, 1997 attelco Colony, Jamshedpur. After the marriage, both the husband and the wife lived together at Govindpur, Jamshedpur before 3rd of April, 1997. The marriage was duly consummated. Since the respondent was a practicing lawyer at Patna, he had to return to Patna, whereas the appellant continued to live in her matrimonial house at jamshedpur. The respondent's case is that he assured the appellant that as soon as he arranges for a suitable accommodation at patna, he shall take her there. But after his departure, the behaviour of the appellant with the parents of the respondent became extremely bad. She not only misbehaved with the respondent but also with his parents. It is alleged that she was not prepared to do household work which is expected, from a housewite. Whenever she was requested to do something, she used to abuse the respondent and shouted at the top of her voice threatening that if she was asked to do something, she would leave the house and put all of them in trouble. According to the respondent, the main reason of such behaviour of the appellant was due to nonfulfillment of demand of heavy amount of money for shopping. It was further alleged by the plaintiff-respondent that the appellant had been putting pressure to take her to Patna failing which she shall not allow his family members to live in peace. The respondent assured her to take her to Patna as soon as possible. But as soon as the respondent left for Patna in 3rd week of April, 1997, the respondent went back to her parents' house without any consent or knowledge of the respondent and his parents. The respondent's parents alleged to have become disturbed and contacted the father of the appellant and learnt that she had returned to her parents' house. The respondent's further case is that the appellant returned to her matrimonial house in the first week of september, 1997 and forced the appellant to take her to Patna. The respondent had no option but to take her to Patna in the first week of September, 1997 where the appellant became furious due to paucity of accommodation. She did not like to live for a couple of days and left Patna on the same day against the desire and without knowledge of the respondent. It is alleged by the respondent that this act of the appellant created a mental torture to him. Later on, he came to know that the appellant returned to Jamshedpur to her parents' house instead of her marital house. The respondent's further case is that he rushed to Jamshedpur and on his repeated requests, the appellant came to the hospital on 23rd June, 1998 as his father was hospitalized because of brain haemorrhage. The appellant became pregnant in the month of July, 1998 and she continued to live in her parents' house and gave birth to a female child on 20th March, 1999. It is stated by the respondent that since at that time he was at Patna, he had no information regarding the birth of the child. Lastly, it is alleged by the respondent that the appellant completely deserted him from 1st August, 1998.
(3.) THE appellant appeared and filed written statement wherein she denied all the allegations made by the respondent. The appellant's case is that as soon as she was taken to her matrimonial house after marriage; the respondent and his parents made demand of Maruti Car and cost of furniture for the chamber of the respondent at Patna. The respondent left for Patna and warned the appellant that whenever she went to her parents' house, she should not return to her matrimonial house without fulfillment of the demand. It is alleged that during her stay in the marital house, the behaviour of the respondent and his parents was not at all good. She has denied that she was ever treated with dignity of a housewife. As a matter of fact, the;. respondent and his parents used to behave in a rude manner and his mother was not satisfied with 15 tolas of gold ornaments given at the time of marriage. The in-laws were not happy since the appellant's father had not obliged them by giving car and cost of furniture of chamber at Patna. They used to find fault in every domestic work performed by the appellant. She has stated that the respondent never assured her to take her to Patna. She also denied to have ever threatened the respondent and his parents in presence of their friends and relatives. On the contrary, she was subjected to various types of cruelty, indignity and harassment.;