CHITRA PATEL Vs. RUPESHWAR @ RUPESH PATEL

JUDGEMENT

(1.) This is an Appeal by the Non-Applicant/wife under Sec. 19 of the Family Court Act, 1984 challenging the judgment and decree dtd. 30/10/2013 passed by the Family Court, Raigarh in Civil Suit No.96A/2012, whereby the learned Family Court allowed the application under clause (ia) of Sub-sec. (1) of Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955 ') preferred by the respondent-husband for dissolution of marriage and granted decree of divorce on the ground of cruelty.

(2.) Facts of the case are that the marriage between the appellant and the respondent was solemnized on 19/5/2002 in the village Chandrapur, Tehsil Dabhra, District Janjgir Champa. Out of the said wedlock one daughter Kumari Siddhi was born on 30/5/2003. The respondent/applicant had preferred an application under Sec. 13 of the Act, 1955 stating that after the marriage they had gone to his parental village Khairpali, District Bargarh (Orissa), On the next day the appellant/Non-Applicant started insisting the respondent husband to take her to Nagpur where the respondent was working and that she would not stay at village. Within one week of the marriage, the appellant/Non-applicant returned to her alleged father Shri Uday Lal Patel, Sub Inspector in the Police Department at Chandrapur and refused to go to Khairpali. After two months of the marriage, the respondent-husband took the appellant to his place of working i.e. Nagpur (Maharashtra). After reaching Nagpur, the appellant started pressurizing the respondent to purchase colour TV, Fridge and motorcycle. As a result, the respondent purchased colour TV and Fridge. As the financial condition of the respondent was poor, he could not purchase motorcycle-scooty for the appellant. Being enraged, the appellant left the house of the respondent and returned to her alleged father 's home. After some time, the appellant returned to the house of the respondent at Nagpur and again started pressurizing the respondent to purchase motorcycle-scooty. When the respondent expressed his inability to purchase the motorcycle, the appellant started raising quarrel with the respondent and threatened him by saying that her alleged father is the Police Inspector and she would implicate him and his family members in a dowry case and thereby started committing cruelty on him.

(3.) In the month of September, 2002, the respondent was transferred from Nagpur to Hinganghat. The appellant refused to accompany the respondent and again returned to her alleged father. The respondent tried to convince her but the appellant was not ready. As per the wish of the appellant, the respondent got himself transferred at Raipur (Chhattisgarh) at his own expenses. The respondent informed the appellant over phone that he has been transferred to Raipur and he has managed a room on rent. The appellant started pressurizing him to get a big house and refused to come. In January, 2004, the respondent came to his native village Khairpali, as he was suffering from Jaundice. The appellant had come, but she was neither doing any domestic work nor was she behaving properly with family members and started insulting him. The appellant went to her alleged father at Sariya leaving him in ill health condition.