ANJAN BHATTACHARYA Vs. LATIKA ARPITA BHATTACHARYA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 11/12/2014 passed by the First Additional Principal Judge, Family Court, Raipur in Civil Suit No.116-A/2011, whereby appellant's application for grant of decree of divorce on the ground of cruelty and desertion has been dismissed.

(2.) Appellant-Husband moved an application seeking decree of divorce from respondent-wife on the allegations of cruelty and desertion. In the application, it was pleaded that after the marriage, though respondent-wife resided peacefully for sometime, in course of time, respondent-wife started creating pressure on the appellant to get the house situated in Sahu Para, Gudiyari, Raipur, recorded in her name. The respondent-wife refused to discharge ordinary family obligations and started insulting the husband and his parents. It was further pleaded that later on, the wife started threatening that she would get the appellant-husband and his parents falsely implicated in a dowry case and she was not even properly taking care of infant child. She used to insist the appellant-husband to live separately from his parents, due to which, the appellant-husband had to take another house at Gulab Nagar, Gudiyari, Raipur where resided with his wife separately from his parents. Even when the appellant-husband used to visit his ailing and aged parents and disabled brother to take care, the respondent-wife used to pick up quarrel with him. On 28-12-2008, the respondent-wife, without informing the appellant-husband and leaving behind the infant child, left the matrimonial house and later on, got a false report of commission of offence under Sec. 498-A of IPC lodged in Mahila Thana, Raipur, due to which, a criminal case was registered and the appellant-husband was also arrested and kept in jail. On 30/12/2008, the appellant sent a notice to the respondent-wife to resume co-habitation by coming back to matrimonial house, to which, she did not respond and finally, the appellant-husband has filed application for grant of decree of divorce.

(3.) On the other hand, the respondent-wife denied all the allegations and stated that all the allegations are false and afterthought and she neither insisted the appellant-husband for residing separately nor lodged any false report. The respondent-wife further pleaded that she was subjected to cruelty by her in-laws in the matter of demand of Rs.5.00 Lakh cash and other articles i.e.Cycle, Fridge, Cooler and finally, she was unceremoniously shunted out from her matrimonial house on 14/12/2008. She was taken to new house situated at Gulab Nagar, Gudiyari, Raipur, where there was no proper facility and the appellant-husband used to abuse and assault her, but looking to the future of her daughter, she kept on tolerating, but on 27/12/2008, she was beaten up and thrown away from the matrimonial house, due to which, the matter was reported in the police station.