ANIRUDDHA MONDAL Vs. MOUSUMI MONDAL

JUDGEMENT

(1.) The husband, being unsuccessful in the Trial Court, has filed an instant appeal assailing the judgment and decree dtd. 7/9/2019 passed by the learned Additional District Judge (Re-designated) Court, Bankura in matrimonial suit no. 127 of 2014.

(2.) The aforementioned matrimonial suit was registered on the basis of an application filed under Sec. 13 of the Hindu Marriage Act 1955 by the husband/appellant inter alia on the ground of desertion and cruelty. The said application proceeds that the parties were married according to Hindu rituals and rites on 3/7/2004 and continued to live together till the year 2012. The parties after the solemnization of marriage lived together and upon consummation a son is born on 3/1/2007 and the daughter is born on 6/11/2009. It is alleged in the said application that since the beginning of the marriage the respondent was raising an issue relating to the lifestyle, food habits and the family affairs of the husband on the pretext that she has been brought up in an affluent family and the standard of the husband family is not commensurate with her family. It is further alleged that the husband communicated his intention to take her to the place of the posting as he is working in the Central Reserve Police Force but she never accepted the same. The plaint further proceeds that as an when the husband used to come in his house, the wife/respondent misbehaved and treated him as well as his old parents so badly which is unbecoming of a wife. It is disclosed in the said petition that on 27/5/2012 at around 1:30 hours, the parents, uncles and the other peoples including the brother of the wife forcibly entered into the parental house of the petitioner and assaulted the parents and took away all the gold ornaments as well as the cash from the almirah. It is further alleged that in course of the aforesaid action the father of the husband was attacked by the Lathi and Tangi (blunt side) which causes severe injuries to him resulting into a loss of his right eye. Immediately thereafter an FIR is lodged by the wife under various Ss. of the Indian Penal Code including Sec. 498A and 307 by the father of the wife and the family members of the husband was arrested by the police and later on released on bail. The husband has further pleaded that he was not in the village at the time of the alleged incident which is out and out false yet he was impleaded in the case so registered under the aforesaid provisions of the Indian Penal Code which tantamount to mental stress and agony amounting to a cruelty within the provisions of Sec. 13 (1)(ia) of the said Act.

(3.) On the other hand, the wife contends that they were married after negotiation amongst the parents and the family members on 3/7/2005 and a sum of Rs.5.00 lakhs with 35 bhories of gold ornament, a Bajaj motorcycle and other household articles were given in dowry but there was a further demand of dowry from the in-laws. She further contended that despite such torture being perpetuated on account of dowry she continued to live in her in-laws' house and a male child was born on 3/1/2007 in her father's house. She further stated she was compelled to sign on a blank paper that in the event any casualty happened, they will not be responsible for the same. The defence case further proceeds that even after the birth of a male child there was a constant pressure from the in-laws to bear all the expenditure including the medical expenses. She further alleged that she was compelled to do all domestic work since 4 a.m. till 11 p.m. in the night even during the aforesaid pregnancy and in the midst of such miseries another female child was born on 6/11/2009. It is further stated that custody of the son was taken from her and sent to the house of the sister of the husband so that the son who has grown up and acquired the sense of the reality may not be able to know about the same. The serious allegation that she was administered poison on 27/1/2012 is also disclosed in the written statement and the aforesaid criminal case having registered is also disclosed. On the conspectus of the aforesaid facts pleaded by the respective parties, the trial was commenced after framing 5 issues. In the Examination-in-Chief the husband reiterated the pleadings made in the said application under Sec. 13 of the said Act and mainly highlighted the incident allegedly happened on 27/5/2012. The father of the husband/appellant was cited as a second witness mainly for the purpose of proving the incident allegedly happened on 27/5/2012 and certain disclosure in the cross-examination shall be dealt with by us in the later portion of the judgment. The wife deposed in-chief vividly narrating the facts pleaded in her written statement and denied the suggestion that any incident happened on 27/5/2012 even the brother of the wife who was cited as a second witness in support of the defence also denied any such event but corroborated the stand of the wife that she was subjected to torture on account of dowry and was also administered poison with an intent to kill her.