H. H. BEENA KUMARI Vs. DEEPAK RAM

JUDGEMENT

(1.) This appeal is directed against the judgement and decree passed by learned Judge Family Court at Port Blair in Matrimonial Suit of 137 of 2017 (Smt H.H. Beena Kumari vs. Deepak Ram) whereby and whereunder the learned Judge dismissed the suit filed by appellant for decree of divorce under sec. 13 (1)(ia), (ib) of Hindu Marriage Act, 1955 inter alia on the ground that the impugned judgement and decree is bad in law and in fact because the learned Judge has failed to appreciate the evidence placed on record in respect of the ground of cruelty warranting dissolution of the marriage by decree of divorce.

(2.) The brief facts leading to the instant appeal is that the appellant is the legally wedded wife of the respondent and their marriage was solemnized on 10/6/2015 at Vaikunth Dham, Police Temple, Port Blair as per the Hindu Rites and Customs. After marriage, they resided together at the brother's house of the respondent at Bird Line and their marriage was consummated. Thereafter, they shifted in Hotel at Dugnabad for three days. On 16/6/2015 respondent left for Mumbai leaving the appellant at her parents house. After reaching Mumbai, respondent discontinued calling her and it was the appellant who was frequently calling him but he had never shown any affection in talking to her. In the last week of July, 2015, the respondent came to Port Blair but did not come to her parents house to meet her instead he called her at her friend's house at Lambaline where he was staying in the house of a lady. He asked the appellant to stay in that house but she refused. She requested him to come to her house at Bird Line which the respondent refused. The female friend of the respondent chalked out a programme and they went to Rangat on tour and returned after a week to Port Blair, appellant asked her to stay at her parents house for some days and he would be staying at her brother's house. He also told her that he would taking her to Mumbai to meet his sister. The appellant got an information that the respondent was found roaming with a lady and having doubt in her mind, she went to Lamba Line and she was shocked to see the respondent residing with that lady. On 1/9/2015, they went to Mumbai and the appellant was introduced with an old lady and the respondent left leaving her in the old lady's flat informing her that he was not interested to marry her but for his relatives, he had to marry her. It is further case of the appellant that her husband loved to spend time in night clubs. On the next day, she came to know that she was pregnant and also learnt from her husband's sister that the respondent was aged about 48 years but at the time of marriage, the respondent and his family members told that he was 35 years old only.

(3.) Being advised by the Doctor, she was admitted in a Nursing Home at Mumbai but the respondent only used to come there during night hours under the influence of alcohol. The husband used to ill-treat her and after discharge from hospital she along with the respondent returned to Port Blair on 7/10/2015 and she was asked to stay at her parent's house. On 11/10/2015, appellant suffered severe stomach pain. Respondent was called for several time but he did not respond to her call and then the appellant was admitted in a clinic at Bathubasthi and where she undergone miscarriage. Maternal aunt of the appellant went to Lambline to inform the respondent then, he came to see the appellant.