RAJESH GUPTA Vs. PRABHA GUPTA

JUDGEMENT

(1.) IN this appeal preferred under Section 19 of the Family Courts Act, 1984, the appellant has called in question the presentableness of the judgment and decree dated 15-3-2005 passed by the learned Presiding Judge Family Court, Bhopal in Regular Civil Appeal No. 39-A/2003.

(2.) THE respondent filed an application under Section 13 (i-a) and (i-b) of the Hindu Marriage Act, 1955 (for brevity 'the Act') seeking divorce on the ground of cruelty and desertion. The case of the respondent before the Family Court was that the marriage between the plaintiff and the defendants was solemnized according to Hindu rites on 22-114991 at Bhopal. At the time of marriage the defendant-husband was working as Assistant Engineer under the Madhya Pradesh Electricity Board at Sehore. After entering into the wedlock the defendant-husband used to up-down between Bhopal and Sehore for a period of one and a half year and thereafter he started staying at Sehore. At the time of marriage, as setforth, the dowry in shape of Article s valued at rupees one and a half lac alongwith some amount of cash and gold were given. With the passage of time the relationship between the plaintiff and the defendant got embittered and with the efflux of time the un-cordial and estranged relationship transformed itself to violence inasmuch as the defendant-husband started assaulting wile. As pleaded, the treatment was non-gently and the abuses were hurled at the wife stating that as an Engineer he deserved the grant of Rs. 10 lacs towards dowry. The mother-in-law at no point of time intervened. On the contrary, she used to aggravate the situation by giving taunting remarks. Apart from the cruel treatment meted out to her she was not allowed to go to her matrimonial home and on a query being made she used to be treated with extremely bad. It was told to her that on payment of dowry of Rs. 10 lacs everything would come in order. After expiration of year and half during her stay with him at Sehore the treatment of the husband became more cruel and on 13-11-1994 the defendant-husband assaulted her and drove her of from the house stating that until payment of dowry was met with she would not be allowed to stay with him. It was pleaded that on the date she was driven off the house she was having a fast because it was 11th day of Lunar Month and was also unwell. The defendant asked her to leave the house failing which she would be done to death. Being disturbed she cried a loud which attracted the attention of the neighbours who informed her parents and eventually on the arrival of her father and brother the plaintiff apprised them about the conduct of the defendant and under those circumstances she was compelled to leave the matrimonial home at Sehore. Because of this reason she has been compelled to stay in her parental home from 19-11-1994 and despite endeavour made by the parents and brother the defendant had shown total disinclination to take her back. On these grounds a decree for divorce was sought before the Family Court.

(3.) A written statement was filed by the defendant-husband contending, inter alia, that the plea of payment of dowry was a myth inasmuch as the proposal for marriage was initiated by the elder sister-in-law of the plaintiff, Poonam Agrawal, and at that juncture when the father of the plaintiff expressed his impecunious condition his mother in categorical and unequivocal manner had stated that her family members and she were totally averse to the dowry system. As setforth, there was no demand of dowry. The father of the plaintiff was a Class III employee in BHEL and the plaintiff was working as a Lecturer in Pratibha Higher Secondary School in the consolidated pay of Rs. 500/ -. Under these circumstances at the time of solemnization of the marriage some household Article s which are customary in nature were given by her parents.