B.B.Mangalmurti, J. - (1.) This appeal is filed against judgment passed in Matrimonial Title Suit No. 18 of 2001 by Principal Judge, Family Court, Hazaribagh dismissing the suit on 20.02.2008.
(2.) The case of the appellant is that the marriage of appellant Ajay Narayan Das with respondent Asha Devi was solemnized in the month of June, 1995 after observing the Hindu rites and customs. Thereafter both started their conjugal life in the house of the appellant at VillageMorangi, P.S. Muffasil, district Hazaribagh. After few months of marriage, the respondent did not want to live in the village area and without the consent of the husband left the village in the month of October, 1995 and stayed in the house of her father at village Tikuliya for about six months. During this period, the appellant visited village Tikuliya where the respondent was residing but she refused to return with her husband as also expressed her desire that if her husband will live in the town area leaving the house at village-Morangi then she will accompany him. Since the husband was unemployed, therefore, he could not fulfill her demand. The further case is that the respondent came back in the month of May, 1996 at village-Morangi but was compelling her husband to leave his parents' house and thereafter she started demanding Rs. 6 lakhs from her husband. The husband could not fulfill the demand and then respondent permanently left the house of her husband in the month of July, 1998. Therefore, there was no cohabitation between the husband and wife since July, 1998 as the respondent deserted the appellant causing mental agony. Appellant visited several times to bring back the respondent but she refused to come back and also imposed allegation of impotency against her husband which also caused mental agony to the appellant. The respondent implicated the entire family members of her husband in a false criminal case. The hostile attitude towards amicable settlement and her gesture was so violent that that the Sessions Judge also observed while hearing the anticipatory bail application being A.B.P. No.18 of 2008 that she is not ready to live at her in-laws place rather she had herself gone to her parents and for compromise sake she demanded registration of entire lands of her husband's share or consideration money of Rs.6,00,000/-. It was also observed that complainant is present in dock and identified by Sri Anil Kumar Sinha, Advocate and when asked she showed absolute hostile attitude towards amicable settlement and rather from her gesture she herself appears to be with violent mood.
(3.) After appearance of respondent in the suit, a written statement was filed and after taking the legal technical pleas she denied the allegations of not wanting to live in the village as well as demand of Rs. 6 lakhs and leaving the appellant's house on her own sweet will rather she was compelled to leave due to humiliation, torture and neglect shown towards her. She denied that she ever made any allegation on the character or impotency against the appellant. It was also stated that observation made by the Sessions Judge in a bail application is not binding upon the respondent nor could be taken into account in adjudicating this case. After examining five (05) witnesses on behalf of appellant, 17 exhibits were also brought on record from the side of appellant whereas respondent also examined five (05) witnesses and brought on record exhibits A to L.;