GUNJAN KUMAR Vs. ABHILASHA SINGH

JUDGEMENT

(1.) This is an Appeal by the husband/plaintiff under Sec. 19 of the Family Courts Act, 1984 challenging the judgment and decree dtd. 2/8/2017 passed by the Family Court, Manendragarh, District Koriya in Civil Suit No.55A/2012, whereby the suit preferred by the appellant under Sec. 13 (1)(i-a) (i-b) of the Hindu Marriage Act, 1955 has been dismissed by the learned Family Court.

(2.) The suit was preferred by the appellant on the ground that the parties were got married at Manendragarh on 27/4/2008 as per the Hindu rituals and customs. On 3/5/2008, they had proceeded for honeymoon and returned on 9/5/2008 to marital home at Kusmunda. Father of the appellant was in service at the time of marriage of the parties and was posted at Kusmunda. On 11/5/2008, after performing the rituals (Pooja) at the marital home of the respondent as per the custom of Duragaman, both had proceeded to the parental home of the respondent at Manendragarh. On 13/5/2008, they returned to the marital home at Kusmunda. The appellant was in service at Mumbai and was staying in a shared house with his friend, though he had booked a flat in the year 2007 in Lavender Apartment, Goregaon (East), Mumbai after taking loan from the LIC, but the possession of the said flat was not handed over to him and, therefore, he was staying with his friend as co-tenant. Due to non-availability of the proper accommodation at Mumbai, the appellant alone left for Mumbai after assuring the respondent/wife that as and when he gets possession of the flat, he would take her to Mumbai and asked her to stay at her marital home at Kusmunda. The respondent was not happy to stay at her marital home. Her behaviour was very rude towards her in-laws from very beginning and she never liked to stay with her in-laws at Kusmunda.

(3.) In August, 2009, parents and brother of the respondent visited the marital home of the respondent at Kusmunda and they abused the appellant and his parents in filthy language and also threatened them. On account of compelling circumstances created by the wife and her family members, the appellant took her to Mumbai. The wife was not comfortable in the shared accommodation and used to raise quarrel on petty matters and kept herself unconcerned with the household work. Most of the time, she used to be busy over mobile. On 11/9/2009, possession of the flat was handed over to the appellant and on 25/11/2009, inauguration ceremony of the new house/flat was organized and on that occasion, parents of the appellant were also present. However, the respondent was annoyed with their presence.