DEVRAJ SINGH Vs. KRISHNA MALLIKA SINGH

JUDGEMENT

(1.) The present appeal is against the judgment dtd. 6/4/2017 passed by the Judge, Family Court, Kabirdham (Kawardha) in Civil Case No.33-A/ 2016 whereby the suit preferred by the applicant wife (respondent herein) under Sec. 13(i)(ia) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty was allowed and also granted alimony to the tune of Rs.3.00 lakhs. Hence this appeal is by the husband.

(2.) Respondent wife has instituted the divorce petition on 20/7/2016 stating that on 5/12/2012 she was married to non-applicant (appellant herein) at village Pandariya and after marriage, she started residing in her in-laws house at Akaltara for about one month. It is alleged by the wife that after the marriage, the appellant-husband and his mother started harassing for bringing less dowry and and due to such harassment, she came to the house of her own grand parents at Bilaspur and after some time, the appellant has taken a rented flat at Saket apartment, Bilaspur and has not brought the household articles even given to her at the time of marriage. So her uncle Pradeep has again given all house-hold articles in that apartment. The appellant took care of her properly for some time and thereafter started beating her for bringing less dowry and demanded more amounts. On account of persistent demand of the appellant, the father of the wife had deposited Rs.1.00 lakh on 18/7/2014 in the account of appellant held in Axis Bank and also deposited Rs.21,000.00 in mother's account on 13/8/2014 and further Rs.13,000.00 on 6/12/2014. The appellant husband had also made a further demand of Rs.10.00 lakhs for starting new business and on denial used to beat her. It was further stated in the plaint that the owner of Saket apartment seeing their quarrels asked to vacate the flat. Thereafter, her brother Kunal Vaibhav had arranged another flat in Sumangal apartment at Bilaspur.

(3.) The wife has alleged that the husband wanted to start a new business by leaving his private job as such he started again demanding Rs.10.00 lakhs and used to beat her. At the time, the wife was studying B.D.S. course in a Dental College of Bilapur . So in such uncongenial atmosphere, she had moved to the hostel and started studying therein and she stayed in hostel for two months and thereafter she had gone to Pandariya for some time. In the meanwhile, on 26/5/2015, the husband and his mother came to the maternal house of plaintiff at Pandariya to take back her and while inviting her father to attend the marriage ceremony of plaintiff's brother in law Vivek Raj Singh, they had again made a demand of Rs.10.00 lakhs.