RANA DUTTA Vs. RASHMI DUTTA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 12-04-2016 passed by the Judge, Family Court, Manendragarh, District Korea in Civil Suit No.65-A/2013, by which, the learned trial Court dismissed the appellant's/plaintiff's suit for grant of decree of divorce on the ground of cruelty.

(2.) The appellant filed an application under Section 13 of the Hindu Marriage Act seeking decree of divorce against the respondent-wife on the allegations of cruelty. In the plaint, it was pleaded that the respondent was quarrelsome lady and used to indulge in quarrel time and again on trivial issues. It was also alleged that at times, the respondent-wife used to indulge in assault and marpeet. Further pleading was that the respondent-wife threatened the appellant-husband to commit suicide unless he accepts her demand. Apart from these allegations, the appellant-plaintiff came out with the pleadings that when he used to come back from duty, despite door being knocked repeatedly, the respondent-wife used to open the door after long time and the appellant felt humiliated due to neighbours watching the situation that he is sitting outside the house for half an hour. Other pleading was that the respondent-wife was not preparing food and the appellant-husband had to prepare food himself. It was next pleaded that on 10-09-2000, when appellant's maternal uncle Gopal visited the house, the appellant requested the respondent-wife to bring snacks and tea, she refused by stating that she is not maidservant in the house and the appellant himself may prepare tea and she hurled abuses and slapped the appellant. This resulted in serious embarrassment and mental agony. Another pleading was that on 09-02-2011, when the appellant and the respondent were to attend marriage, the respondent insisted that she would attend marriage only on the condition that the appellant purchased saree of Rs. 5,000/- and footwear of Rs. 1700/-. Finally, the appellant succumbed to respondent's pressure and purchased the demanded goods and then only the respondent attended marriage. It was also pleaded that the respondent used to assault his mother and father and threatened that if she was not allowed to go to her parental house, she would end her life by consuming poison and all will be sent to jail. It was also alleged that the respondent wife went to parental house on 21-09-2011 and lodged a report in the police station, Ex.P-1 making false allegations. On these pleadings and assertions, the appellant-plaintiff came out with the case that these incidents and behaviour of the respondent caused physical and mental agony and therefore, decree of divorce may be granted.

(3.) The respondent-wife, in her written statement, while denying all the allegations of cruelty, pleaded that the appellant demanded Rs. 7 Lakh and he used to abuse and assault her, throw away cooked food and not taking proper care of household needs/ration. Specific allegation was made that the appellant had developed illicit relations with his maternal aunt and on one occasion, when the appellant and the respondent stayed overnight in the house of maternal uncle of the appellant, the respondent herself witnessed the appellant in a compromising position with his maternal aunt.