- (1.) Heard learned counsel for the parties.
(2.) Husband is the appellant aggrieved by the dismissal of Title Matrimonial Suit No. 315 of 2014 by judgment and decree dated 27.02.2017/ 03.03.2017, passed by the learned Principal Judge, Family Court, Bokaro, whereunder, his prayer for dissolution of marriage with the respondent on the grounds of cruelty and desertion under Sections 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 read with Section 7 of the Family Courts Act, 1984, has been rejected.
(3.) As per the case of the petitioner/appellant herein pleaded before the Family Court, marriage between the parties took place on 17.06.1990 as per Hindu rites and customs at Jamshedpur. They were blessed with a son, namely, Sachin Kumar and a daughter, namely, Diya @ Lily, who were aged about 22 years and 21 years respectively at the time of institution of the suit. Petitioner, an employee of BCCL, complained of ill behaviour soon after the marriage as respondent wanted him to live separately from his ailing old parents. Her behaviour became bad to worse due to interference of her family members. She went to her parental home frequently and since the year 1994 she along with the children have been living at her parental home. All efforts to bring her back went in vain. Sixteen years thereafter, a panchayati was convened on 29.10.2010 at Naresh Hotel at Chas, Bokaro for restitution of conjugal rights at the behest of well-wishers and relatives of both the parties. Thereafter again in December, 2010 another panchayati was held. Consequent thereto, father of the petitioner got constructed separate accommodation consisting of two rooms in the same plot i.e. Plot No.64, Co-operative Colony, Bokaro. Thereafter since 29.01.2011 she has been living separately from him. Petitioner's effort to lead a happy conjugal life failed due to unwillingness of the respondent and interference from her parents and brothers. Since 29.01.2011 he has been providing maintenance at the rate of Rs.9,000/- per month to her and the children, remitted in her Account at State Bank of India, Chhota Govindpur, Jamshedpur vide A/c No. 11338757852. He alleged that in the agreement arrived at on 29.01.2011 despite the presence of her father, two brothers and one Rinku Singh, they refused to sign thereupon though petitioner signed on it. They went away after snatching the said Ekrarnama and also threatened him. Brother of the respondent came in the year 2012 and assaulted him in an inebriated state which caused injuries to his eyes. On treatment at Shankar Netralaya, Chennai, Doctors found that eyesight of one of his eyes had been completely lost. He has to go to Chennai for treatment of his other eye. She had filed an application at Mahila Police Station, B.S. City, where the petitioner and his father were directed to pay Rs.9,000/- per month to her towards maintenance, which he has been paying all along. She has not been living in the house constructed for her rather she is living in her parental house at Jamshedpur. He requested her to vacate the said accommodation so that rental maintenance amount accruing there from may be given to the respondent. All these facts taken together indicated willful desertion on the part of the respondent and continuous physical and mental cruelty upon him for over a period of twenty years. Therefore, he was compelled to file a suit for decree of divorce on the grounds of cruelty and desertion. Respondent through her written statement contended that the suit was not maintainable on facts and in law and was barred by limitation, estoppel, waiver and acquiescence. All the allegations were specifically denied by her. She alleged torture due to nonfulfillment of dowry whereupon she had to go to her parental home along with the children. She also referred to the agreement-cumsettlement arrived at between the parties at the instance of wellwishers and family members to restore their conjugal relationship but he refused to keep her and the children. He again started torturing her and forced her to live separately in an outhouse without any facility, which led to filing of the complaint at Mahila Police Station, Bokaro. Petitioner was a habitual drunkard, who sustained injury in his eyes due to fall in drunken state. She denied allegations of assault against her brother. She expressed her willingness throughout to lead a conjugal life but petitioner was not agreed to it. She complained of torture in drunken state both upon her and her children. According to her, dissolution of marriage after twenty-four years is not proper in the facts and circumstances of the case.;