- (1.) Heard learned counsel for the parties.
(2.) The appellant is the wife aggrieved by dissolution of marriage vide impugned judgment dated 5.3.2011 and decree dated 15.3.2011 rendered in Matrimonial Title Suit No. 145 of 2008 by the learned court of Principal Judge, Family Court, Ranchi. Husband-respondent herein sought dissolution of marriage on the ground of cruelty under section 13 (1) (i-a) of the Hindu Marriage Act, 1955. The instant matrimonial suit came to be transferred from Family Court, Bangalore pursuant to the order passed by the Apex Court on the Transfer Application filed by the appellant-wife. Case of the petitioner-husband: Petitioner entered into the nuptial knot on 22.11.2000 with the resp/appellant herein, in an arranged marriage in the concept of Golat (mutual exchange) where the sister of the petitioner also got married with the brother of the appellant-wife on 20.11.2000. Petitioner was working on temporary basis at Satyam Computer in Bangalore having completed his engineering from Bangalore. The appellant is the only daughter with three brothers. Her father is a retired police personnel. The petitioner found the behaviour of his wife strange only after few months of the marriage when they were together at Bangalore. She had come to New Delhi without any permission. Only after much persuasion, she returned to Bangalore to stay with him. She started indulging in making unjust demands of money and appeared to be extravagant in spending. She used to be rude and used to abuse the petitioner with unfounded scandalous allegations. She threatened to book him under Dowry Prohibition Act. She also threatened to commit suicide and put the blame on the petitioner and his family members. Petitioner was in a quandary on such wanton behaviour of the wife. The torture continued. Petitioner believed that her father used to instigate her to abuse and threaten him. At times he was very helpless as the respondent-wife used to vanish and refuse to come back. She used to get out of the house and yell at the petitioner causing nuisance and embarrassment. Petitioner belonging from a cultured family whose father was a retired Professor and mother was a Teacher, found difficult to reconcile with such irresponsible behavior of his wife. The way, she left the house on 24.4.2002 with bag and baggage and did not return, gave an impression that she wanted to put the matrimonial relationship permanently to an end. She also used to call him bad names and a person of loose character. As such, he filed a petition for divorce before the Principal Judge, Family Court, Bangalore in M.C. No. 1652 of 2002. But on intervention of elders and well-wishers and in view of the fact that the petitioner's sister had been given in marriage to the respondent's brother, withdrew the suit in February, 2004. However, the respondent- wife kept on harassing the petitioner. It appears that she was collecting evidence against him. She, in the meantime, became pregnant but much against her will and wanted to abort the pregnancy. On his persuasion that the birth of a child would normalize the relationship, she finally gave birth to their only son Master Arnev Verma, at Bangalore. She underwent delivery at Manipal Hospital and had many complications for which the petitioner had to spend about Rs. 1,00,000/-. Even after birth of the child, she and her family members were not happy and kept on threatening the petitioner that he has to come back and settle at Ranchi. Even, at the time of naming ceremony of the child at Bangalore on 01. 01. 2005, no one from respondent-wife side came to the function though friends and relatives of both the parties were invited and a considerable expenditure of Rs. 50,000/- was made by him. He was often threatened in the night by one Bindu Bhushan (Munna) and the respondent's father. Whenever the petitioner called her she would not be at home and her replies were abusive. On 29.04.2005 one Sashibhushan (one of the brother-in-law) along with two persons came and assaulted him and his family members and threatened to eliminate his family. She went along with the child with Sashibhushan. She got a notice issued from Mahila Helpline, Ranchi making false accusations of harassment. She also filed a Maintenance Case No. 69 of 2005 before the Principal Judge, Family Court Ranchi with an intention to harass him. Father of the respondent also filed a criminal case no. 820 of 2005 before the Chief Judicial Magistrate, Ranchi for defamation under section 500 of the Indian Penal Code. Petitioner had to obtain bail from Ranchi Court. These acts of mental cruelty started bearing upon his mental and physical health. He could not concentrate on his job as a result. Finding no alternative, he sought dissolution of marriage through the instant petition. According to him, in the total period of 5 years and 5 months, respondent had lived only for 1 year and10 months and that too was not peaceful.
(3.) Appellant'S case as pleaded in her written statement: Appellant accepted the marriage with the petitioner through the arrangement of mutual exchange (Golat). She alleged giving of several articles like Washing Machine, T.V., Fridge etc., apart from Rs. 1.5. Lakh as dowry to the parents of the petitioner during marriage. She alleged that she was forcibly sent to Delhi against her wishes in February, 2001. She went back to Bangalore in August, 2001. The petitioner again took her to Delhi on 27.4.2002 and she was left alone at New Delhi Railway Station. She alleged torture and abuse for being unable to bring sufficient dowry at the hands of the petitioner and his family members. She was also called an unattractive woman with no physical appeal. She has referred to illicit relationship of her husband with a Keralian woman, namely, Seena. She came to know that the husband had pre-marital relation and also post marital relationship with her. His photographs and letters also showed his promiscuous nature. He used to brutalize her. In a hostile and violent atmosphere she gave birth to a child in December, 2004. He had left her to fend herself and her child. He wanted to continue his relationship with Seena. She denied the instigation on the part of her father in any such alleged behavior. In April, 2005, she was assaulted by her husband and others. On telephonic information, her brother Sashibhushan came to Bangalore and asked him not to ill-treat her, he was also assaulted. She was rescued with the help of neighbors and taken to Parimal Hospital, Bangalore for treatment. She was thereafter brought to Ranchi. She has also referred to the divorce case filed at Bangalore by the petitioner, which was withdrawn later on. She has further referred to certain facts deposed in the maintenance case under section 125 of the Cr. P.C. vide M 69 /2005 filed before the Family Court, Ranchi. The husband had admitted his immoral relationship: para 32-33 of the statement have been quoted. She further stated that petitioner and the respondent agreed with the terms of compromise of the case in Mediation Centre, Banglore but there the petitioner played foul. He had promised the respondent that he would pay Rs. 10 lac for life long maintenance. This fact could not be mentioned in the compromise petition as it would create problem from the Income Tax Department and his employer. However, soon after entering into the compromise he reneged from his promise. He was sarcastic upon her. Respondent felt beguiled into accepting the compromise. All other allegations were denied by the respondent in her written statement. The following five issues were framed by the learned Family Court;- I. Whether the case as framed is maintainable? II. Whether respondent committed act of cruelty with the petitioner? III. Whether petitioner himself committed act of cruelty with the respondent and is taking advantage of his own wrong? IV. Whether Stridhan were given to the respondent and she is entitled to take it back? V. Whether petitioner is entitled for a decree of divorce?;