MINAKSHI NATH Vs. SANJIB KUMAR KABI

JUDGEMENT

(1.) Appellant is the wife of the respondent. She has filed this appeal against the judgment and order dated 1st October, 2005 passed by the learned Judge, Family Court, Rourkela in Civil Proceeding No. 134 of 2003 allowing an application filed by the respondent under Section 13 of Hindu Marriage Act for dissolution of marriage by a decree of divorce.

(2.) Case of the respondent before the learned Judge, Family Court was that the marriage between the parties was solemnized on 9.5.2002 as per Hindu customs and rights and the marriage was consummated in the village of the respondent. Few days after the marriage, the brother of the respondent suggested them to go to Puri in a pleasure trip and for that he promised to arrange Rs. 10,000/-. When the respondent declined to go on a pleasure trip, the brother of the appellant lost his temper and abused the rccpondent and he was supported by the appellant. He was confined in the house of his father-in-law and was teased in many ways. After managing for a day in the house of his father-in-law, he came back to his house and thereafter the appellant not only became cruel to him but also towards all the members of his family. She did not cook food and was talking with unknown boys for hours together over telephone even in late night. Her cruel behaviour went to such an extent that it became unbearable on the part of the respondent and his family members. Thereafter, some incidents as narrated in the petition happened and the appellant became vindictive towards the respondent and his family members and also threatened to commit suicide. His further case was that he was working in the Rourkela Steel Plant and used to return home from 'B' shift duty at about 10.30 P.M., but he was served with food by his mother and the appellant was found to be sleeping. He also found the appellant sleeping with his brother. Several other incidents of misbehaviour of the appellant have been narrated in the petition and it is alleged that on 5.12.2002 the appellant insisted to go to her father's house and sent information to her father to take her. On 7.12.2002 she left the marital home with all the gold ornaments and wearing apparels without informing any one. On the next day the brother of the appellant came with 15 unknown hooligans and threatened his family members. Several attempts were made to bring her back, but she did not return. Finding no other way, he sent pleader's notice on 22.7.2003 requesting her to join him but she did not respond. There being no chance of reunion, the application was filed for dissolution of marriage.

(3.) The appellant filed a written statement admitting the marriage but denying all other allegations made in the petition. It was alleged by her that on 7.12.2002 while the respondent was absent in the house, her in-laws scolded her in vulgar language, snatched away all her gold ornaments and drove her away from the house. Finding no other way she came back to her father's house and residing there since then. In the said proceeding, the appellant also filed an application under Section 27 of Hindu Marriage Act praying for return of the dowry article along with cash of Rs. 70,000/- which had been paid as dowry. The said petition was also objected to by the respondent. Before the matter went for hearing several sitting were made for conciliation but it is failed and the respondent did not agree to stay with the appellant. The appellant also claimed Rs. 5,00,000/- towards permanent alimony apart from the claim made in the petition under Section 27 of the Act.