LAXMI BAI Vs. ASHOK JAIN

JUDGEMENT

(1.) This appeal is against the judgement and order dtd. 27/09/2016 passed by the Judge, Family Court, Rajnandgaon in a Civil Suit No.104-A/2011.

(2.) Instant appeal is by the wife. As per the pleading by the parties, the marriage in between the appellant and respondent took place in the month of October, 1999. It is not in dispute that the husband the respondent belong to Jain caste and the wife belong to Sonar caste. Out of the wedlock, three children were born. Before the marriage both the boy and girl were in the love relation. First marriage was before the Registrar (Marriage) and subsequently marriage was performed according to the Hindu rituals. The husband alleged that the wife was having the habit of intoxication of Gudakhu (a tobacco product) including drinking alcohol. The husband contended that he had a grocery shop and it was alleged that whenever any lady used to come to the shop the wife used to object to it with an allegation that husband has illicit relation with her. Subsequently, the husband went to Andhra Pradesh and the wife also joined with him. Subsequently, she came back to Rajnandgaon, at that point of time the husband when was admitted to the hospital, the wife came there and abused the mother and father. Thereafter, she went along with the husband to Andhra Pradesh but again came back. It was alleged that in the year 2006 without information or anything the wife used to leave the house for which report was made to the police and she used to abuse the children and assaulted them and used to behave in unnatural way. Husband further contended that the wife was subjected to treatment in mental hospital and without any rhyme or reason used to leave the matrimonial home.

(3.) In reply to the allegation, the wife denied the same and instead allegation were clamped on the husband that the wife was treated with cruelty and she was being assaulted and abused by the husband. She further contended that while she joined the company of the husband at Andhra Pradesh she was treated like a servant in the house without any respect and demand of Rs.50,000.00 was made as a dowry. Since the demand was not fulfilled the husband and the mother-in-law used to beat the wife. She further stated that she was forced to leave the house because of the assault and beating. Consequently, she has not deserted the husband without any just cause.