- (1.) Heard learned counsel for the parties.
(2.) Appellant is the wife aggrieved by the judgment dated 27.03.2017 rendered by the learned Family Court, Hazaribagh, whereunder the Matrimonial Title Suit No. 18 of 2015 instituted by the petitionerhusband/ respondent herein for decree of divorce, has been allowed.
(3.) Petitioner/ respondent pleaded before the Family Court, inter alia, as under: Marriage between the parties were solemnized on 24.06.2011 as per Hindu rites and customs at Ramgarh. The spouses lived at Pune till 07.07.2011 from where she came to Ranchi by air and went to Patratu on the pretext of illness of her mother. Since then she was living at Patratu with her parents. Petitioner took several steps to bring her back but she refused on one pretext or the other. Finally, he instituted a suit for restitution of conjugal rights bearing M.T.S. No. 38 of 2013. She appeared and filed a written statement after several adjournments and made false allegations against his conduct. She, however, undertook to live with the petitioner if he kept her with dignity. Matter was referred to the mediation centre but respondent did not appear before the mediation centre on a number of dates i.e. 17.09.2013, 24.09.2013 though the petitioner was present. As a result, mediation failed. This showed her intention not to consummate the marriage. However, due to the insistence of the Family Court, petitioner went to her house on 18.04.2014 whereafter she came with him. The M.T.S. No. 38 of 2013 was accordingly permitted to be withdrawn by order dated 24.04.2014. According to the petitioner, after withdrawal of the matrimonial suit, she again insisted of going back to her parents' house and when the petitioner objected, she threatened that she would never come back to the matrimonial house. Petitioner had to filed a suit for divorce being M.T.S. No. 98 of 2014. However, on intervention of dignified and respectable persons, the matter was resolved and on 26.06.2014, she came to the petitioner's house and started residing at Matwari undertaking to abide by the terms of compromise. She however went to her parental house without consent of the petitioner and her in-laws and without any reason on 04.12.2014. While going back, she threatened to implicate them in false case of dowry. During her stay from 26.06.2014 to 03.12.2014, she never consummated the marriage. She went to Mahila Police Station, Hazaribagh and gave a written complaint containing false allegations against him. Petitioner alleged that she used to remain regularly in contact with one Umakant, which could be evident from her call details. She had relationship with him before marriage with the petitioner. She used to have long hours of phone calls with him having Mobile No. 9418050246 and 7054846977. Respondent has throughout subjected the petitioner to mental cruelty by making false allegations of wrongful behaviour and refused to live with him. She has made wild allegations which were far from truth. She also filed Maintenance Case No. 191 of 2013 against him with inflated claims on false and frivolous allegations but the same got dismissed. Petitioner was convinced that she is not going to live with him and there was no point continuing with the marriage. The cause of the action for the suit arose on 24.06.2011, the date of marriage and thereafter day to day till 04.12.2014 when she left for her parental house.;