SANJAY BIHARI AGRAWAL Vs. SANDHYA AGRAWAL

JUDGEMENT

(1.) Instant appeal is directed against the judgment and decree dated 9-11-2005 passed by the Additional District Judge, in Civil Suit No. 17-A/2005 whereby and whereunder application for divorce preferred by the appellant under Section 13(l)(ia)and 13(l)(ib)ofthe Hindu Marriage Act, 1955 (briefly, 'Act') has been dismissed. It is not in dispute that parties to the proceedings were married as per Hindu rites on 23-4-2000. They lived together for a period of six months. During this period, the respondent conceived pregnancy and gave birth to a female child Ku. Anjali on 28-2-2001. After October, 2000, the respondent is residing in her paternal home.

(2.) According to the plaintiff, when respondent was pregnant, as per the wishes of her mother and father, she resided in her paternal home at New Shanti Nagar for delivery, but two months after birth of Ku. Anjali, when he went to bring his wife/ respondent, her mother and father refused to send her to his house at Bhatapara and insisted him to perform his duties at Bhatapara by residing at Raipur. When the appellant refused to reside at Raipur, the respondent refused to go to Bhatapara. The appellant made repeated efforts to bring the respondent back to Bhatapara, but she did not come and thus since October, 2000, she has failed to perform her matrimonial obligations depriving him to lead matrimonial life. To put pressure on the appellant to reside at Raipur, she also made complaint in Mahila Thana, Raipur on 16-5-2005. On 20-5-2005, the respondent lodged a written complaint to police against the appellant, his mother, father, sister and sister-in-law regarding offence of demand of do wry and threatening to kill her.

(3.) The respondent filed her written statement and denied the allegation and pleaded that in fact, when the respondent was pregnant, the respondent and his family members, on coming to know through Sonography that she has conceived a female child, sent her to her paternal home against her wishes and pressurized her for abortion. She also made allegations regarding demand of 50 Tola gold as dowry and she has also lodged a report in Mahila Thana, Raipur in this regard. On the basis of the report, they were called for counseling thrice but the appellant did not take her with him. She is still ready to live with the appellant, if the appellant and his family members do not torture her for dowry. She has also alleged that the appellant is a drunkard and womanizer.