RAJINDER KUMAR MISHRA Vs. RICHA

JUDGEMENT

(1.) This appeal filed by the husband under Section 19 of the Family Courts Act challenges the order passed by the Principal Judge, Family Court, Allahabad in matrimonial petition No. 161 of 2003 rejecting the application of the appellant husband filed under Section 26 of the Hindu Marriage Act, 1955 claiming custody of the minor female child and allowing the application of the respondent wife filed under Section 27 of the said Act for refund of a sum of Rs. 96,000/- in lieu of the cash, gift and other items given in the marriage.

(2.) The facts are that a petition under Section 9 of the Hindu Marriage Act, 1955 (for short the Act') was filed by the appellant husband seeking divorce. The case set up in the petition was that parties were Hindu and were married according to Hindu customs and rites on 29-4-1996. On the first night the wife disclosed about her love affairs and sexual relationship prior to marriage and after the love affair came to light her parents forced her to marry much against her wishes. It was further pleaded that since the husband belongs to a respectable family as such he accepted the facts in the name of the family honour. It was further pleaded that wife remained with the husband for fifteen days at the matrimonial home in Allahabad and thereafter, went with the husband to Ambala where he was employed as a teacher and remained there for a month. Thereafter, she came back to Allahabad from where she went to Nasik along with her father where he was serving in the Air Force. While going she took away all her clothes, jewellery and 'stridhan' with her. She again came back to Ambala in September, 1999 and remained there for about seven months and thereafter she went away with her father and never came back. It was pleaded that a female child was born on 21-9-2000. In spite of many efforts she did not return to her matrimonial home and at present she is employed as a manager in Sekhar Hospital at Lucknow drawing a salary of Rs. 19,600/-. Allegations were also made that she is still having extra marital affair with her lover and for the last three years she has refused to discharge her pious matrimonial obligation and has deserted the husband.

(3.) The respondent wife filed a written statement accepting the fact of marriage. It was pleaded by her that after marriage she was discharging all her matrimonial obligation and paid due respect and regards to all the members of her husband's family. It was further pleaded that her father had spent about four lakhs towards cash, gift items and jewellery in the marriage. Still the husband and her family members were not satisfied and used to harass and torture her for not bringing sufficient dowry. When she returned to parent's home she disclosed all these facts to them. Efforts of reconciliation were made by her father through some relatives and thereafter, the husband agreed to take her back after he was given Rs. 50,000/- in cash as dowry. The husband thereafter, took her to Ambala and for some days his behaviour was normal. Thereafter, he again started harassing her to get a computer from her parents. In the year 2000 the husband resigned from his services and came to Allahabad without telling the wife and left her alone at Ambala. After waiting for a few days she informed her father who took her to Nashik. Allegations were also made that the husband is doing business of computer at Allahabad and he and his entire family is very greedy and it is not possible for her to live with him. She also made a prayer for grant of divorce.