- (1.) Heard learned counsel for the parties.
(2.) Wife is the appellant aggrieved by the judgment and decree of divorce dated 18.01.2017 and 27.01.2017 respectively granted on grounds of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act by the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur in Matrimonial Suit No. 301 of 2010 instituted by the petitioner/ respondent-husband.
(3.) Brief facts of the parties as pleaded before the learned Family Court are being referred to hereinafter to appreciate the issue in controversy: Marriage between the parties was solemnized on 15.04.2007 at Kadma, Jamshedpur as per Hindu rites and rituals. They spent conjugal life at village Kulludih, Moubhandar, Ghatshila, District East Singhbhum in the house of the petitioner. Husband alleged cruelty after six months of marriage. She used to taunt him on his personality and his family members. She used to look down upon him even on the factum of his residence as she came from a better locality at Kadma in Jamshedpur. In August, 2008, a son 'Abhisek Pal' was born. However, according to the petitioner, she continued with her ill behaviour and finally left him on 22.09.2009. Thereafter, she has been living at Kadma with her parents and has refused to join his company. She has instituted a case under Section 498A of the Indian Penal Code i.e. Ghatshila P.S. Case No. 97 of 2009, which is still pending. He stated that all his efforts to bring her back failed as she refused to settle the matter. She also filed a maintenance case i.e. Miscellaneous Case No. 72 of 2010. As it appears from the impugned judgment also, respondent did not appear during the trial despite publication of notice. It proceeded ex-parte for about five years when she appeared finally on 23.04.2015. It was taken note of by the learned Family Court that the Maintenance Case No. 72 of 2010 filed by her prior in time was before the same Court and being regularly prosecuted by her. However, on her appearance the ex-parte order was recalled and she was allowed to file written statement. Her fresh evidence was also taken. The issues were then framed on 03.12.2016. Respondent, in her written statement, denied allegations of cruelty. She admitted the marriage and birth of the child. She stated that during marriage Rs.2,00,000/- in cash, one Hero Honda Glamour Motorcycle, DVD, Washing Machine, Television, Dressing Table etc. were given as dowry. She is the youngest daughter of her parents, who incurred lot of expenditure on that account. She faced cruelty at the hands of the petitioner for not bringing further gifts, utensils etc. She alleged that petitioner is a moneyed man and she has always resided in rented accommodation. The expenses of the birth of her son at TMH Hospital were also incurred by her parents. When the cruelty became intolerable, she lodged the FIR under Sections 498A/ 406 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act. She admitted living separately since 22.09.2009. She further stated that the petitioner never showed desire to bring her back to the matrimonial home nor instituted any suit for restitution of conjugal rights. She accordingly prayed for dismissal of the suit.;