GUHA SINGH Vs. KIRAN JANGDE

JUDGEMENT

(1.) This appeal has been preferred by the applicant-husband being aggrieved by the judgment and decree dtd. 7/12/2017 passed by the learned Judge, Family Court, Camp Court, Katghora, District Korba, in Civil Suit No.53- A/2015, whereby the application filed by applicant-husband seeking dissolution of marriage has been dismissed. The parties to this appeal shall be referred herein as per their description before the Court below.

(2.) Briefly stated fact of the case are that the applicant husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Sec. 13 (1) (I) and (ia) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955'). It was pleaded in the application that applicant's marriage with the non-applicant was solemnized on 11/2/2010 and out of their wedlock, one daughter Nidhi was born. According to the applicant, after sometime of marriage, the attitude of the non-applicant was non- cooperative and belligerent. The non-applicant deliberately refused to perform her marital obligations and adopted an attitude of showing her disrespect to the applicant as well as his old aged parents. The non-applicant repeatedly coerced the applicant to live separately from his parents and dependent brothers. The applicant is an employee of SECL and due to his terms of employment, his services were transferable and posted at various establishment of the SECL. The non-applicant instead of residing in her matrimonial home left the company of the applicant and went to her parents home. The applicant took all endeavors to provide her maintenance towards her health and well being. The applicant also arranged for her medical treatment in the SECL Hospital. The applicant repeatedly requested the non-applicant to join his company and reside in her matrimonial home but the non-applicant bluntly refused the applicant. The non-applicant repeatedly coerced the applicant to live separately from his parents. It was also pleaded in the plaint that the non-applicant is living separately since May, 2011, and all the efforts of the applicant to bring her back went in vain. A meeting of the elders of the community was also convened in December, 2011, but the non-applicant again refused to join the company of the applicant. The applicant also moved an application under Ss. 97 and 98 of the Cr.P.C. to bring back the non-applicant. The non-applicant thereafter lodged a false criminal complaint under Sec. 498(A) of the I.P.C. and implicated all his family members. However, by the judgment dtd. 11/8/2021 passed in Sessions Trial No.20/2019, the applicant and his family members have been acquitted from the charge and he has filed I.A.No.04/2025 for taking the judgment dtd. 11/8/2021 on record. The non-applicant has also filed an application under Sec. 125 of the Cr.P.C. and the applicant is regularly paying her maintenance. Therefore, he is entitled to get a decree for dissolution of marriage under the Act, 1955 on the ground of cruelty.

(3.) The non-applicant, in her reply, except admitted facts denied rest of the allegations and stated that applicant had demanded Rs.40,000.00 for his transfer from Talchar to Korba and for transportation of the goods. Out of Rs.40,000.00, Rs.20,000.00 was given by non-applicant's father and Rs.20,000.00 was borrowed from some other person and went with the applicant to perform her matrimonial obligation. The non-applicant always wanted to reside with applicant but due to continuous harassment of applicant and his family members, non-applicant compelled to reside with her parents in Deepka. The non-applicant admitted this fact that she has instituted a case of cruelty for dowry, which is pending consideration before the Court. Similarly, she has filed a case of domestic violence and maintenance, which is also pending consideration before the Court and thus, due to harassment of applicant she is residing separately. It was specifically averred by the non-applicant that in the marriage, all the necessary articles including the cash & golden and silver ornaments were given to the applicant and after delivery of child, the entire medical expenses were born by non-applicant's father. The applicant and his family members demanded Rs.5.00 Lakh as non-applicant had delivered a female child and after delivery of female child, the behaviour of the applicant and his family members were changed. It was also averred that applicant and his family members themselves ousted non-applicant from matrimonial house and since then non-applicant is residing with her parents. It was further contended that on 13/12/2011, a social meeting was convened in the house of non-applicant in which the non-applicant was humiliated and the applicant refused to take her to matrimonial home. Despite assurance given by the applicant in the Family Counselling Center, the applicant did not take the non- applicant. Thereafter, the applicant filed an application under Sec. 97, 98 of Cr.PC. before the Court of S.D.M., Katghora, in which non-applicant appeared and ready to go with the applicant but the applicant did not take non- applicant and her daughter. It was also contended that the applicant is posted as Mining Sardar in SECL Gevra, he did not allow the non-applicant to go outside and talk with others. Even he did not allow her to watch television and continuously harassed her. Therefore, it was prayed that the application filed by the applicant for dissolution of marriage may be dismissed.