DUMESHWARI Vs. DEVENDRA KUMAR DEWANGAN

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dtd. 25/4/2015 by which the learned Family Court has granted decree of divorce in favour of respondent/husband both on the ground of cruelty as well as desertion.

(2.) The respondent/husband filed an application seeking decree of divorce against his wife/appellant on pleadings of cruelty and desertion. It was pleaded that the respondent/wife indulged in repeatedly insisting him to frequently visit her parental house soon after her marriage. She also used to express anger, lose temperament and create an atmosphere of quarrel. It was further pleaded that she insisted her husband to move to her parental place and run the Kirana Shop. Further pleading was that whenever the wife fell sick, she indulged in hurling abuses at the guests and not allowed the husband to have physical relations. It was further pleaded that in order to keep husband under control, the wife kept on adding some poisonous substance in the food due to which the health of the husband was adversely affected. This led to convening community meeting where wife admitted this mistake but despite that it was time and again repeated. In the pleadings, it was also stated that after giving birth to the third child, wife indulged in domestic disputes from April, 2011 onwards and went to her parental house and even when the husband went to her house along with other relatives and members of the community to bring her back, she refused to accompany him and since then she deserted the husband. It was also pleaded that the husband had moved an application for grant of decree for restitution of Conjugal Rights and in this proceeding wife refused to reside with the husband. Therefore, husband prayed for grant of decree of divorce.

(3.) Appellant/Wife filed her written statement and while denying all the allegations made by the husband, she made counter allegations stating that her first and second issue could not survive and died because of negligence on the part of the husband. Thereafter, she was blessed with a son on 15/10/2011 and all the expenses regarding delivery were incurred by her father and not by her husband. The allegation of mixing poisonous substance in the food was specifically denied by her. She admitted that though the husband and her family members had come to take her back to matrimonial house, she stated that if a written assurance was given she would definitely go back to matrimonial house, but no such assurance was given by the husband. The appellant/wife made allegation that she has been subjected to cruelty and because of harassment at the hands of husband she had to come to parental house. According to her, she was subjected to assault, abuses and her character was also doubted. It is averred by the wife that when her two children were born, the husband did not ensure proper treatment as a result of which, the children died soon after their birth and since then she was subjected to harassment and even assault coupled with serious allegation that she was responsible for the death of two children and she was even branded as witchcraft. According to her, while carrying three months pregnancy, she was sent to her parental house on the assurance that the husband would come after 15 days but nobody came to take care of her and when later on, they came along with members of the community and written assurance was sought, it was not given.