MOHANLAL AGRAWAL Vs. SUNITA AGRAWAL

JUDGEMENT

(1.) Heard. The present appeal is against the judgment and decree dtd. 10/01/2019 passed in HMA No.579/15 by the First Additional Principal Judge, Family Court, Raipur, whereby the petition filed by the husband/appellant seeking divorce on the ground of cruelty was dismissed. Hence this appeal by the husband.

(2.) (i) As per the averments of the husband, he was married to Sunita Agrawal on 07/05/2006 and out of their wedlock a child was born in July, 2008. At the time of marriage, he was posted at Bhuwneshwar as a doctor and he was working in a hospital at Bhuwneshwar. The wife joined the company of the husband in June, 2006 during the posting at Bhuwneshwar. It is pleaded that thereafter, gradually he realized that his wife is a short tempered; used to doubt the husband; quarrelsome in nature; and do not accommodate with the situation. Also after marriage she started behaving in cruel manner with the husband. The husband further averred that the wife used to get up late and failed to discharge her matrimonial obligations. After two months of the marriage, she extended threat to commit suicide and stated that she would inculpate the husband and the other family members of husband in some criminal case. The husband further stated that in a state of anger, she used to lose control on herself and also used to hurt herself and others. Consequently, the husband was not able to discharge his job properly. He further stated that without informing anyone she used to leave the house and used to sit outside the house for hours. A situation like this used to occur 2-4 times in a month. Due to such activity of wife neighbours used to congregate, due to which the husband felt humiliated and ashamed. In the month of November, 2006 the brother of the respondent came to Bhuwneshwar and took her with him.

(3.) Per contra, the wife in her statement denied the averments made by the husband and instead stated that she was subjected to torture for demand of dowry of Rs.10,00,000.00 (Ten Lakhs). Having not fulfilled the said demand, she was subjected to frequent torture and physical abuse. The wife further pleaded that the husband used to cause mental torture, whereby the relation in between them became tensed. During such period, she conceived but since the proper care was not taken by the husband, she had to go to her parental home at Odisha. It is also submitted that aggrived by the misbehaviour of the husband she made a complaint to the Odisha State Commission for Women wherein the husband appeared after notice and asked for signature of wife on certain agreement. All the adverse averments made by the husband further were denied by the wife.