NIVYA Vs. SHIVAPRASAD

JUDGEMENT

(1.) The respondent in IA.No.329/2014 in OP.No.200/2014 has filed this petition challenging Ext.P5 order passed by the Court below under Art. 227 of the Constitution of India.

(2.) The marriage between the petitioner and the respondent was solemnized on 31.1.2011 and it was registered before the Marriage Registrar, Enmakaje. After some time, the relationship between them strained. The petitioner herein earlier filed O.P.No.234/2011 before the Family Court, Kasaragod for a declaration that the marriage between the petitioner and the respondent was null and void and the respondent herein filed OP.No.172/2011 for restitution of conjugal rights and both these cases were disposed of by Ext.R8 common judgment dated 18.3.2014 dismissing OP.No.234/2011 and allowing OP.No.172/2011. Thereafter the petitioner herein filed OP.No.200/2014 for dissolution of marriage under Sec. 13(ia) of the Hindu Marriage Act (hereinafter referred to as 'the Act' for short) on the ground of cruelty on the part of the respondent. The respondent herein entered appearance and filed counter denying the allegations and praying for dismissal of the application. He has also filed IA.No.329/2014 under Sec. 24.of the Act and Sec. 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for short) seeking pendente lite maintenance and litigation expenses from the petitioner herein. It is alleged in that petition that at the time of marriage, the respondent was working in a financial institution under the name and style Thulunad Chits, Kasaragod and on account of a false news published in Malayala Manorama daily dated 4.6.2011 alleging that the respondent herein had abducted the petitioner and took her to different places and committed rape on her, he was asked to resign from the post and accordingly he was compelled to resign. The respondent herein filed OP.No.234/2011 for annulment of the marriage and the same was dismissed on 18.3.2014. He had incurred heavy expenses for conducting the litigation in OP.No.234/2011. She has now filed the present petition stating the same reasons mentioned in OP.No.234/2011. The petitioner also filed CMP.No.4320/2011 against the respondent before the Judicial First Class Magistrate Court, Kasaragod alleging commission of the offences under Sections 341, 365, 366, 376, and 506 of the Indian Penal Code, which was forwarded to the Kasaragod police for investigation who registered Crime No.509/2011 of Kasaragod police Station. The Kasaragod police also registered Crime No.1086/2011 against the petitioner herein for the offence punishable under Sec. 500 of the Indian Penal Code under Sec. 3(2)(ii) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST' Act for short). In that the petitioner herein moved B.A.No.9598/2012 before this Court for anticipatory bail and this Court had observed that this is a fight between the wife and the husband who claimed to have been in love and got married. The thing as it appears that the wife does not want to continue her relationship with the husband for the reasons only known to her, resorting to such methods are highly objectionable and which would spoil his career. The respondent had to incur huge expenses by way of paying legal fees to the extent of Rs. One lakh to the senior counsel and Rs.25,000.00 to the junior counsel. The minimum expenses for conducting the cases will come to Rs.3 lakhs. The respondent is without any employment now. He is suffering from several illness. The petitioner herein is working as Assistant Professor in Biology drawing a monthly income of Rs.50,000.00 per month. She requires only one third for her expenses. She is capable of providing Rs.15,000.00 per month to her husband who has no independent source of income sufficient to support his necessary expenses. So he prayed for a direction to the petitioner herein to pay Rs.15,000.00 per month as pendente lite maintenance and Rs.3 lakhs for litigation expenses.

(3.) The petitioner herein, who is the respondent in the application, filed counter contending as follows: She admitted the solemnization of marriage and also the litigations pending between the parties. She denied the allegation that the respondent lost his employment as a result of the news paper reports and also that he incurred heavy expenses for conducting OP.No.234/2011 and also defending the present case. She had also denied the allegation that she was drawing a monthly income of Rs.50,000.00 per month and a further allegation that the respondent herein had spent lavishly for promotion of their love affair and also for physical enjoyment and he is not having source of income and he is sick requires expenses for medical treatment etc. According to her, taking advantage of her soft nature, he trapped her and virtually spoiled her life. He had tortured her and she had escaped from him. He had also filed several false cases against her and her family members. His intention was to compel her to go after him. If he is not having any income, he could have engaged a legal aid counsel by applying to the Legal Services Authority. The harassment made by the respondent herein caused premature death of her father. He is without any human feelings. The application itself was filed with an ulterior motive. She is having lot of liabilities. Since she is the only earning member, the entire family burden is on her shoulders. The salary shown is also not correct. The respondent, who is the petitioner in the Court below in the application, is not entitled to get any relief. So she prayed for dismissal of the application.