Ratnaker Bhengra, J. - (1.) Heard learned counsel for the appellant.
(2.) This appeal has been preferred by the appellant because though marriage was dissolved and decree passed in favour of the appellant but he is aggrieved by and dissatisfied with the judgment passed on 6.4.2015 in Matrimonial Suit No. 01/14 by the learned Principal District Judge-cum-Principal Judge, Family Court, Latehar to the extent of directing payment of Rs.2,50,000/- only as permanent alimony to the defendant (respondent herein) by the plaintiff (appellant herein).
(3.) It has been alleged that marriage of plaintiff, appellant herein, Sri Suman Kujur along with Smt. Anna Agnes Sundari Toppo defendant, respondent herein was performed on 28.12.2009 and marriage took place and was performed at Catholic Church, Katkahi within District Gumla. Marriage certificate was also issued by the father of the said Church i.e. on the same date vide enrolment No. 53 dated 28.12.2009. It is further alleged that after marriage both lived as husband and wife under one roof and plaintiff had taken a residential house at Ranchi i.e.at Birsa Chowk, Ranchi. Subsequently, since plaintiff is a military man, he went to join his service and after a month when he returned and came back to his residential house i.e. at Birsa Chowk, Ranchi he found that his wife defendant Smt. Anna Agnes Sundari Toppo was absent as she left the house having locked the residence. After that plaintiff went to his sasural i.e. parental house of Smt. Anna Agnes Sundari Toppo and found her available there, and request was made to her to join the company of the appellant but her parents did not agree for Bidayeegi of defendant and defendant too did not agree for the restitution of conjugal right and refused to join the company of her husband. It is further alleged that plaintiff had given ATM card to his wife i.e. respondent Smt. Anna Agnes Sundari Toppo and she had withdrawn Rupees Four Lac from the Bank Account of the plaintiff for which no account was given. It is further alleged that plaintiff tried on several occasions and went to the house of defendant and requested for her Bidayeegi but on every occasion defendant Smt. Anna Agnes Sundari Toppo and her parents did not allow her to join the company of her husband. Plaintiff was beaten by her family members/ his inlaws and after that a panchayati was also convened at village Baskarcha within PS Mahuadar, district Latehar i.e. on 23.5.2012. In the said panchayati, villagers were present and defendant Smt. Anna Agnes Sundari Toppo had refused to join the company of her husband, by saying that she is not willing to live along with her husband and further stated that there was no sexual relation, established in between the spouses after performing marriage so the marriage was never consummated. It is further stated that in the said panchayati the punch present, had advised both parties to live together peacefully but the defendant and her family members i.e. parents did not agree to the suggestion of the panch and defendant Smt. Anna Agnes Sundari Toppo too was unwilling to join the company of her husband in spite of several requests of the plaintiff. Thereafter, being disappointed with the behaviour of the defendant Smt. Anna Agnes Sundari Toppo, plaintiff who had taken every step and taken a chance for re-conciliation between spouses, but not succeeding filed the instant matrimonial suit seeking relief of decree of divorce i.e. dissolution of marriage in between spouses. A valid cause of action accrued in favour of the plaintiff and against the defendant on 23.5.2012 when the defendant was not ready to agree to the request of the plaintiff husband to join his company and thereafter also further refused on several occasions to live along with her husband. Hence, the instant matrimonial suit had been filed and dissolution of marriage prayed for in terms of decree of divorce between the parties and for other relief which the Court may deem fit and proper in favour of the plaintiff.;