PRIYA SHAILENDRA Vs. KUMARI ARCHANA
LAWS(JHAR)-2019-3-47
HIGH COURT OF JHARKHAND
Decided on March 01,2019

Priya Shailendra Appellant
VERSUS
Kumari Archana Respondents

JUDGEMENT

Deepak Roshan, J. - (1.) This application has been filed under Section 19(4) of the Family Courts Act against the judgement dated 21.07.2013 passed by the Principal Judge, Family Court, Ranchi in Maintenance Case No.179 of 2008 whereby and whereunder the petitioner was directed to pay maintenance of Rs.6,000/- per month to the opposite party no.1 and Rs.3,000/- each to the opposite party nos.2 and 3 respectively, total Rs.12,000/ per month.
(2.) The fact of the case is that the marriage was solemnized between the petitioner and Opposite party no.1 on 03.12.1996 at Patna in accordance with Hindu rites and customs and opposite party nos. 2 and 3 are their minor children. After the marriage, the opposite party no.1 went to her matrimonial home situated at Danapur and in the year 1997 she went to Delhi where the present petitioner was posted as an employee in Provident Fund Office. The opposite party no.1 lived there for one month but she was sent by the petitioner to her matrimonial home at Danapur. The further case of the opposite party no.1 before the learned court was that at the time of marriage, the father of opposite party no.1 had given to the petitioner Rs.2.41 lacs in cash besides other valuable articles and gold ornaments worth Rs.1.00 lac. However, the father of petitioner herein demanded Rs.2 lacs since they were not satisfied by the dowry paid at the time of marriage. It was further stated by the opposite party no.1 that her father could not fulfill the demand therefore she was subjected to physical and mental torture/cruelty. After sometime the petitioner herein was transferred from Delhi to Ranchi where he started living in a rented house. At Ranchi also the opposite party no.1 was subjected to torture due to non-fulfillment of the demand and the petitioner extended threat that he will solemnize second marriage with another lady after divorce. It was further stated by the opposite party no.1 that the petitioner and his parents attempted to kill her but due to medical help her life was saved. Due to regular torture by the petitioner to the opposite party no.1, she informed the higher authorities in the department of petitioner. Finally the petitioner left the opposite party in the month of April, 2007 and did not return. In the same month, the opposite party no.1 received notice from court of Principal Judge, Family Court, Patna with respect to matrimonial divorce suit on the ground of adultery.
(3.) The opposite party no.1 get the said matrimonial suit transferred from Patna to Family Court, Ranchi by the order of the Hon'ble Supreme Court of India.;


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