ASHWAN KUMAR SAHU Vs. SAVITA SAHU

JUDGEMENT

(1.) This appeal is directed against the impugned judgement and decree dtd. 20/3/2018 passed by learned Family Court, Korba, District Korba, in Civil Suit No. 148-A/2014, Ashwan Kumar, Sahu Vs. Smt. Savita Sahu, whereby the application for grant of decree of divorce filed by the appellant/husband has been dismissed.

(2.) The appellant husband has filed an application under Sec. 13 of the Hindu Marriage Act, 1955, before the learned Family Court, Korba, for grant of decree of divorce from the respondent/wife on the ground of cruelty. In the application, it is pleaded that the marriage between the parties has been solemnized on 7/5/2008 as per Hindu rites and customs. At the time of marriage, the applicant was employed as General Mazdoor in South Eastern coalfields Ltd. and was posted at Gevra project. After the marriage, the respondent/wife got admission in B.Sc. final year at Kamala Nehru College, Korba. On the next day after marriage i.e. on 8/5/2008, the applicant/husband had arranged the marriage reception at village Urga but the respondent/wife started quarreling on that day by saying that they had not called her parents in the reception. As per the customs of the family, until there was the meeting with the co-father (Samdhi-Bhet), the parents of the bride did not visit the house of the groom. Somehow, she has got pacified by the relatives of the applicant/husband. From the next day, the respondent/wife persisted to go to her parent's house and then she was left to her parent's house by the applicant/husband on 17/5/2008. Thereafter, she evaded to return to her matrimonial house despite repeated requests made by the applicant/husband. On 17/7/2008, the applicant's husband, along with his parents went to the house of the respondent/wife and tried to bring her back along with him but she was not willing to come with the applicant/husband and ultimately, she came along with the applicant/husband when she reassured. After returning, she started quarrelsome behaviour with the applicant/husband and in-laws on the grounds that they had given a cheap saree to her mother, no Safari Suit was given to her father, fewer crackers were explosion at the time of marriage and her family have got ashamed with the behaviour of the applicant/husband at the time of marriage. By the quarrelsome behaviour of the respondent/wife, the applicant went through mental trauma. When she was admitted in B.Sc. final year, she insisted on going to college from Jamnipali and not from Urga, and regular takes to quarrel with the applicant/husband. She used to go to her parents' house from college regularly. It was also pleaded that while staying with the applicant/husband, the respondent/wife was not cooking food and not doing the domestic work. Her father has also threatened the applicant/husband that he has given his daughter a lavish life and if they do not accept it, he will detain them in a police case. The parents of the respondent/wife were pressured her husband to reside as Ghar-Jamai. On 20/2/2009, she went to her parent's house for giving examination and returned to her matrimonial house on 3/6/2009 after a repeated request made by the applicant/husband and as and when she came to her matrimonial house, she started persisting on residing separately from in-laws and started misbehaving with them. She was not taking care of her husband and threatened to be roped in a false case of dowry demand. On 8/10/2009, the applicant/husband made a police complaint against the respondent/wife. The applicant/husband took her for treatment at SECL Hospital when she was pregnant, but the respondent/wife insisted he to get her treatment from Dr. Rohit Banchhor (Gynecologist), at Korba. On 31/3/2010, the respondent/wife delivered a male child but due to her faulty treatment, she was suffering from gynecological problems. She was referred to Dr. Subodh Thawait and when he disclosed the complications, the applicant/husband took her to Nehru Centenary Hospital, Korba, for her treatment where she was admitted on 7/4/2010. From Nehru Centenary Hospital, her parents have taken her to their house on 29/4/2010. On 18/5/2010, the 6th-day celebration after birth of the child was held in the house of the applicant/husband, but the respondent/wife had come on the same day at about 11.00 AM and the next day returned along with her parents. On the occasion of the marriage of the younger brother of the applicant/husband, the respondent/wife came to her matrimonial house on 26/5/2010 and returned on 28/5/2010 which shows that she does not want to live at her matrimonial house. She went to her parent's house from 11/8/2010 to 12/8/2010, 23/8/2010 to 29/8/2010 and 9/9/2010 to 29/9/2010 and ultimately said that if he will leave her parents then only, she would reside with him. It was further pleaded that on 8/12/2010, there was a community meeting in the house of the respondent/wife and the said meeting, the respectable persons of the community reassured her and then on 23/12/2010, the applicant/husband took her to his house. She showed her angerness at the holding of community meeting and threatened him to have taught them a lesion.

(3.) The applicant/husband took her to Christian Medical Hospital, Vallore, on 29/4/2011 for her treatment where she was being treated again, she underwent an operation and after recovering from it, they returned on 20/5/2011. Thereafter, her parents have taken her for 15-20 days for her recovery and rest. Even after 15-20 days she was not returned and said through mobile phone to the applicant/husband that she would come only if he was ready to reside separately from his parents. Thereafter, the applicant/husband took a house on rent at Dipka Basti and then the respondent/wife started residing with him from 7/10/2011. While staying at Dipka, the behaviour of the respondent/wife was furious and she regularly threatening that she would rope them in a police case. In the meantime, the departmental quarter was allotted to the applicant/husband, and they went there on 21/2/2012. The behaviour of the respondent/wife was not changed, and she continued in misbehaving the applicant/husband and in-laws. When the applicant/husband was ill and his father came to their house to take him to the hospital, the respondent/wife did not give any respect to him and raised quarrels. When the incident was complained to the father of the respondent/wife, he along with one Heera Lal and Mani Ram came there and assaulted the applicant/husband. On 11/4/2012, when the applicant/husband went to his duty, the father of the respondent/wife took her along with him and the keys to the house were left with his neighbour Vinod Rathore. On 11/4/2012, an application was given to the Community Panchayat and on 19/4/2012 he moved an application before Parivar Paramarsh Kendra. On the application of the applicant/husband, a community meeting was convened at J.R.C. Club, on 27/5/2013 and both parties were convinced by the community members and after their reassurance, they again started living together from 29/5/2012. Thereafter, on 10/6/2012, when the applicant/husband went to his duty, the respondent/wife lodged a report to the police regarding the demand of dowry and threatening to the applicant/husband. On the report of the respondent/wife, the applicant was remained in jail from 11/6/2012 to 20/6/2012 and his parents were from 11/6/2012 to 18/6/2012 and faced agony. The applicant/husband tried his level best to keep the respondent/wife with him, but the respondent/wife has not stopped her quarrelsome behaviour and now, there is no chance of their reunion and cohabitation. She has deserted herself from the company of her husband without any sufficient reason ultimately led to a situation where the applicant/husband was subjected to extreme mental agony and left with no other option but to seek a decree of divorce.