KRISHNA KUMAR DHURI Vs. SANTOSHI BAI

JUDGEMENT

(1.) This appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 24-03-2011 passed by the Family Court, Bilaspur in Civil Suit No. 55-A/2008 whereby the application filed by the appellant/plaintiff, under Section 13 of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion, has been rejected. The undisputed facts are that the appellant/plaintiff and the respondent/defendant were married on 30-03-2004 as per the Hindu rites and ceremonies and the Gouna was performed on 06-06-2004 after which the respondent/wife started living with her husband/appellant/plaintiff at Sarkanda, Bilaspur. This is also not in dispute that on 19-02-2005, the respondent/wife left her matrimonial home after which an application for divorce under Section 13 of the Hindu Marriage Act, 1955 was filed by the appellant/husband before the Family Court, Bilaspur and the same was dismissed as withdrawn on 23-04-2005 on the basis of compromise .It is also not in dispute that since 25-04-2005, the respondent/wife is living separately at her parent's house. Rests of the facts are disputed.

(2.) The case of the appellant/plaintiff is that his marriage was solemnized on 30-03-2004 and after performance of Gouna, respondent/wife had lived with the appellant/husband at her matrimonial home at Sarkanda, Bilaspur till 19-02-2005. All of a sudden, the respondent/wife left her matrimonial home on 19-02-2005 without any just and reasonable cause, on account of which the appellant had filed an application for divorce before the Family Court, Bilaspur on 22-02-2005. After filing of application, the respondent/wife filed an application before the Pariwar Paramarsh Kendra, Raipur before which a compromise was arrived at and the divorce application was dismissed as withdrawn on the basis of the said compromise on 23-04-2005. On the same date, the respondent/wife fell ill, on account of which she was admitted by the appellant/husband at Shaila Nursing Home, Bilaspur and as the appellant/husband had to attend the proceedings pending before Pariwar Paramarsh Kendra, Raipur on 25-04-2005, and after attending the same when the appellant returned back to Bilaspur, he found that the respondent after getting discharged herself had gone alongwith her parent without informing the appellant or his mother. After that the respondent without any basis lodged an FIR against the appellant and his mother for offence under Section 498A of I.P.C. and under the Dowry Prohibition Act, 1961. The appellant had to obtain the order of anticipatory bail from the High Court in the Criminal Case which was instituted on the basis of said FIR, the appellant was convicted by the Trial Court but his mother was acquitted and on appeal being filed by the appellant, the same has been allowed and the appellant has also been acquitted of the alleged offence. As such, the respondent has committed cruelty against the appellant and his family members and has deserted his company without any just and reasonable cause. On this ground, application for divorce under Section 13 of the Hindu Marriage Act, 1955, was filed.

(3.) Case of the respondent/wife is that since from the very inception, the appellant as well as his mother were demanding a gold chain and a Hero Honda motorcycle in dowry and were always harassing and torturing her for the same. On 19-02-2005, the appellant as well as his mother has beaten her in connection with demand of dowry and driven out of the house on account of which she had informed her parent on telephone who had come and had taken her alongwith them to their house. Immediately after that, the appellant with the intention to save himself had filed an application for divorce before the Family Court, Bilaspur on 22-02-2005 and the respondent has also filed a complaint against the appellant before the Pariwar Paramarsh Kendra, Raipur for an amicable settlement, a compromise was arrived at and on the basis of the same the divorce application was got dismissed as withdrawn on 23-04-2005. After the dismissal of the divorce application on the basis of said compromise, the respondent fell ill on 23-04-2005 itself and the appellant had refused to provide medical treatment to her, on which on being informed the father of the respondent, who on that date was staying at Bilaspur at his friend's house, had come to the respondent's matrimonial home and had admitted her at Shaila Nursing Home, Bilaspur. The appellant as well as his mother had not even come to the hospital to see her and subsequently the respondent was discharged on 25-04-2005 and the entire expenses was borne by her parent. After being discharged, the respondent's parent had taken her to her matrimonial home with an intention to drop her there but the appellant as well as his mother refused to keep her, on account of which she was taken by her parent to their house and since then she is residing at her parent's house. The respondent, on account of torture and harassment meted out to her by the appellant and his mother, had lodged an FIR against the appellant and his mother, and has also filed an application under Section 125 of the Cr.P.C. for grant of maintenance as the appellant was not providing the same. FIR was lodged by the respondent against the appellant and his mother on the true grounds such as the respondent has neither treated the appellant and his mother with cruelty nor has deserted his company without any just and reasonable cause but has been compelled to live with her parent.