(1.) The Appellant's application under Section 13 of the Hindu Marriage Act seeking for dissolution of marriage by decree of divorce having been dismissed by the learned Judge, Family Court, Rourkela in Civil Proceeding No. 66 of 2004, this appeal has been preferred.
(2.) The case of the Appellant is that he married the Respondent as per Hindu rites and customs on 21-1-2001 in Panthanivas, Sector-5, Rourkela and the marriage was consummated in the quarter where he was staying with his parents. Immediately after the marriage, they went in a pleasure trip to different places and after returning, he found sudden change of behaviour of the Respondent without any reason. The Respondent insisted to stay away from the in-laws but the Appellant did not agree. From this point, dissension arose between the parties and on 1-4-2001 the Respondent went to her father's house, who was staying at Basanti colony. Though the Appellant and his parents made several attempts to bring her back, she did not come and ultimately though she agreed to come back on 22-5-2001, she did not keep her promise. The parents of the Appellant went back to Visakhapatnam out of shock and demur. In the month of June, 2001 the mother of the Appellant complained of chest pain and on receipt of this information the Appellant went to convey the news to the Respondent in order to take her back, but he was misbehaved and was not allowed to enter into the house of the Respondent. He again went on 24-6-2001 to bring her back to witness the car festival, but she did not return and in the house of the Respondent the Appellant was slapped. However, in the midnight on interference of the younger sister of the Respondent, she agreed to come and lived with the Appellant from 25-6-2001 to 4-10-2001. Thereafter on two occasions she went to her father's house on different grounds and ultimately on 29-11-2001 she gave birth to a male child. Thereafter she started staying in her father's house. One month after birth of the child when the Appellant went to bring her back, he was humiliated by his in-laws and was driven out of the house. Again on 15-7-2002 the parents of the Respondent left her with the child in the house of the Appellant and she stayed with the Appellant till September, 2003 and during the said period she was behaving inhumanly with the Appellant. Neither she was serving food nor she was allowing him to work properly and was threatening to lodge false case. Ultimately, she deserted him without any reasonable cause and all attempts for reunion having failed, the application for divorce was filed.
(3.) The Respondent contested the case by filing a written statement denying all the allegations. It was contended by the Respondent that she was suffering from T. B. and she was undergoing treatment under the Appellant in 2000. In course of such treatment, she developed relationship with the Appellant and ultimately married him. Since the parties belonged to different culture and language, the Appellant had promised to over come all difficulties that may be faced by her after marriage. At the time of marriage dowry articles such as cash, jewellery and other house hold articles as per demand were given, but she was time and again told that had the Appellant married a Telgu girl, he would have got more dowry. After returning from a pleasure trip, she was suffering physically, but was denied any treatrnent by an Allopathic doctor. In spite of her ill health, the Appellant demanded physical relationship with her, which she tried to avoid and in the process dissension arose. She was taken back to her father's house on 1-4-2001 and after regaining health, her parents left her in matrimonial house in June, 2001. After sometime when she went back to the house of the Appellant, a further demand of cash of Rs. 5,00,000/- (Rupees five lakhs) was made to purchase a house and establish his clinic, but the father of the Respondent denied to pay the amount because of his financial condition. She was assaulted once by the Appellant and was abused by the mother of the Appellant in Telgu language. She was threatened to be killed. It is further case of the Respondent that every time her parents consulted her and persuaded to stay with the Appellant but because of the conduct of the Appellant and his family members, the Respondent suffered physically and mentally and ultimately in February, 2003 the parents of the Appellant came to Rourkela and persuaded her to agree for a divorce so that the Appellant can marry according to their choice. In September, 2003 she was left in her father's house but no attempts were made to take her back. The reason is for non-fulfilment of dowry demand.