NEHA SOHIL SHARMA Vs. SOHIL RAMLUBHAYA SHARMA

JUDGEMENT

(1.) This appeal under section 19(1) of the Family Courts Act, 1984 (henceforth 'the Act of 1984') is directed against the judgment and decree dated 22.7.2015 passed in Civil Suit No. 55A of 2014 by the Family Court, Mahasamund by which the Family Court has allowed the Respondent/husbands application under section 13(1) of the Hindu Marriage Act, 1955 (henceforth 'the Act of 1955') for dissolution of marriage with the Appellant/wife.

(2.) Facts, in brief, as projected by husband Sohil Sharma is that on 12.11.2010, a marriage was solemnised between him and Neha Sharma at Bhilai in accordance with the Hindu rites and rituals prevailing in their caste community. Just next day of the marriage, it appeared to the husband that the mental condition of his wife is not balanced and she would behave in unusual manner. In the last week of January, 2011, the wife came to Jodhpur to reside with the husband, but she started quarrelling with him. She would insist the husband to leave the job of Air Force, reside as a ' Gharjamai' at her paternal house and do some business there. She had thrown the mobile phone of the husband several times. On 22.4.2012, both were returning from Jodhpur to Mahasamund. All of a sudden, the wife got down from the train at Durg Railway Station and insisted the husband for coming to her paternal house and on his not accompanying the wife she threatened him. On 27.4.2012, the wife made a phone call to the husband and informed him that she is not willing to reside with him and threatened him to implicate him and his family members in a false case of harassment for demand of dowry. On 14.7.2012, the wife was again taken to Jodhpur after being convinced by her mother, but even this time, her behaviour was not usual and she again started quarrelling with the husband. On 23.7.2012, she lodged a false report against the husband to the effect that he is mentally unsound. On 8.8.2012, parents of the husband came to Jodhpur and again a false complaint was lodged by the wife against the parents, brothers and aunts of the husband at Jodhpur. After that, she submitted a written statement before Mahila Police Station, Jodhpur seeking no action against the husband and his family members. On 28.12.2012, the wife was taken by the husband to his house at Mahasamund, but no change was seen in her behaviour and she continued to threaten the husband and his family members to implicate them in a false case of harassment for dowry. Finally, on 5.1.2013, the wife, threatening to the husband and his family members, left Mahasamund and went to her paternal house at Bhilai and is residing there since then. The husband had to face a departmental action due to the false complaint lodged by the wife. A crime under Sections 498-A and 323 of the Indian Penal Code was also registered against the husband and his family members. On 28.4.2014, an application for divorce by mutual consent was filed before the Family Court at Mahasamund jointly by the husband and the wife, but, later on, the wife refused to proceed further. Consequently, the said divorce application was dismissed.

(3.) Case of wife Smt. Neha Sharma is that her husband is mentally unsound, therefore, he would always beat her. He was given treatment in the Air Force Hospital at Jodhpur. She had made her all efforts to maintain good relation with the husband, but it was the husband who would always beat her. She was brutally beaten by the husband due to which she had sustained serious injuries. Therefore, a written complaint was lodged by her. Later on, after the settlement between them, she withdrew the said complaint. The husband left her in her maternal house by assuring that he would take her back after 2-3 days, but, he never returned to take her back. She is willing to live with the husband, but she had been subjected to cruelty for demand of dowry and, therefore, the report was lodged against the husband and his family members.