MANOJ KUMAR TRIPATHY Vs. MAYARANI PRAHARAJ

JUDGEMENT

(1.) Aggrieved by dismissal of his application for dissolution of marriage by decree of divorce under Section 13(1)(i-a) of Hindu Marriage Act (for short 'the Act') in Civil Proceeding No. 198 of 1999 by Learned Judge, Family Court, Cuttack, husband-Appellant has preferred this appeal against wife-Respondent.

(2.) Parties are Hindus. Appellant is a native of village Bodar in the district of Cuttack. Their marriage was solemnized in Danda Bibha form on 5.1.1998. Appellant is a doctor employed under the State Government whereas Respondent is working as Senior Technical Assistant in the Department of Architect under O.U.A.T., Bhubaneswar. Appellant's father was a Government servant & working as a Health Educator prior to his retirement. It is also not disputed that parties are living in separation since 2.10.1998.

(3.) It is asserted by the Appellant that his marriage with Respondent was solemnized in village Bodar. After the marriage the parties resided in village Bodar till the 5th day of the marriage, & thereafter shifted to Bhubaneswar. It is alleged by the Appellant that Respondent is an adamant & rowdy lady, who has no respect or affection towards her in-laws. She used to underestimate him & praise her brother-in-law. Respondent's family members suppressed the fact that Respondent was a state level athlete & she used to attend various tournaments in & outside the State. Though the Respondent was a diploma holder in Architecture, Appellant was given the impression that she was a B. Tech. While staying in the Appellant's house, Respondent was reluctant to prepare food, & gave out that she would continue to ride two-wheeler, put on jean pants & shirts, & visit her father's house everyday. It is further alleged that when Appellant's mother had undergone eye operation in the month of April, 1998, Respondent instead of shouldering house-hold responsibilities chose to take her meals in the hotel & returned home late in the night in a drunken slate. Appellant could take notice of such conduct of Respondent when he came home from his place of service. Respondent did not mend her conduct in Spilt of Appellant's advice. Moreover, she did not allow the Appellant for cohabitation & asked him to keep sexual relationship with the girls at his service place & not to come to Bhubaneswar frequently. She also threatened the Appellant of divorce. It is also alleged that Respondent suggested to the Appellant that she would mix with others for sexual relationship by taking proper precautions during his absence. It is categorically alleged that deprivation of conjugal sexual relationship by the Respondent amounted to inflicting of cruelty & mental agony on the Appellant. It is further alleged that most of the time Respondent remained absent from her matrimonial home & preferred to spend her time in her maternal home or in the house of her brother-in-law situated at Bhubaneswar. She. used to quarrel with Appellant & his family members & conduct herself in a violent & abusive manner. She used to abuse & subject the Appellant to humiliation in public places. On one occasion she caught hold of Appellant's collar & abused him in the market, & on another occasion she threw food plate on his face. Due to Respondent's conduct, Appellant's relations, friends & neighbours stopped visiting his house. Though Respondent received Rs. 8,000 towards her monthly salary excluding private practice, she did not render financial help to the family. She used to spend her money in attending parties in hotels with her boy friends. Once the Appellant required money for his younger brother's treatment, but the Respondent got enraged & threw currency notes on his face. In her birth day in the month of May, 1998 the Respondent was offered a saree & asked to go to temple with the Appellant but she refused to wear the saree & go to temple. She left for office where she observed her birth day in Western style. It is further alleged that once in the month of July, 1998, Respondent took the Appellant to her friend, who was wearing a jean pant & shoulder less banian. She told the Appellant that her friend was having a bottle of Champagne & proposed to go to hotel & drink the same. When the Appellant rejected the proposal, Respondent took Champagne & created unpleasant situation for which the Appellant had to bring her home in a taxi. Appellant's father requested Respondent's brother-in-law to intervene & settle the disputes between the Appellant & the Respondent amicably but he did not respond. On 3.6.1998 Respondent, instead of returning home from office, went to her maternal home & telephoned that she had resigned from service. She informed that she would not stay with the Appellant in her matrimonial home & expressed her willingness to stay in separate mess. "Appellant & his father found from the Respondent's office that she had not resigned. When they went to Respondent's maternal home they were misbehaved by, her mother who declared that Respondent would never return to her matrimonial home & advised the Appellant's father to persuade the Appellant for divorce or for keeping the Respondent in a rented house. However, the Appellant persuaded the Respondent to return home & ultimately Respondent's father & brother left her in the Appellant's house on 6.6.1998. It is alleged' that Respondent is an abnormal lady suffering from Schizophrenia. She used to threaten of committing suicide unless the Appellant resided with her separately in a rented house. On 2.10.1998, which being a Friday & "Ekadasi" was not an auspicious day to go to maternal home, the Appellant left her matrimonial home despite advice rendered by Appellant's parents to her that she should not leave her matrimonial home on that particular day. Thereafter, she did not keep any contact with the Appellant or his family & on 9.11.1998 Respondent finally denied to return to her matrimonial home. In such circumstances, Appellant filed application for divorce.