BINOD BISWAL Vs. TIKLI ALIAS PADMINI BISWAL

JUDGEMENT

(1.) THE respondent -wife filed a petition before the Family Court, Rourkela under Section 13(1)(i)(a) and Section 27 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce and for return of the properties mentioned in the petition, alternatively for payment of a sum of Rs. 40,000/ - as the equivalent value of the properties and for a consolidated sum of Rs. 50,000/ - as permanent maintenance. The said petition was registered as Civil Proceeding No. 112 of 1996. By judgment and decree dated May 14, 1997 the Family Court, Rourkela dissolved the marriage by granting a decree of divorce, directed to return the properties available with the husband or to pay a sum of Rs. 8,000/ - as the value of the goods found to be with the husband and granted permanent alimony @ Rs. 400/ - per month. Being aggrieved the husband has filed the present appeal.

(2.) THE case of the wife (respondent herein), inter alia is : She was married to the present appellant on March 2, 1995 at Kundren according to the customary rites prevailing in their society. The articles mentioned in paragraph 3 of the petition were gifted by her parents for use of both the spouses and the husband is in possession of those properties. The marriage was duly consumated and a male child was born on May 8, 1996. Since a week after the marriage the husband started abusing and assaulting her and pressurising her to bring costly articles like TV., Fan, Godrej Almirah etc. from her parents. As the wife expressed inability of her parents, the husband became angry and tried to throttle her two to three times. After about one month of the marriage the husband went away to Hyderabad, his working place. During absence of the husband his father outraged her modesty and raped her. The husband's father threatened to kill her, if she disclosed the incident to others. The wife thereafter wrote to the husband about such misbehaviour of the father -in -law and requested him to come back home to rescue her. The husband came back after about a month but he was gained over by his father. Both the father and the son joined together to assault her and threatened her to keep silence. The wife continued to live in the matrimonial house with the hope that the husband and his relations would mend their attitude and behaviour towards her. However, as the things did not improve, she sent information to her parents and she was taken home in the month of August, 1995. By the time she left for her parents house she was already pregnant. The husband, however, did not go back to his place ofwork and stayed back in his native village. However, he did not take any initiative or step to bring her back. He was occasionally coming to the wife at her parental house, but during those times he used to destroy the medicines purchased for her treatment in order to harm the wife and the baby In the womb. Ultimately a male child was born. Insplte of ill -treatment by the husband and in -laws the wife came to her in -laws' house with the child for celebration of 'Sasthi' and 'Ekolsa'. She was very weak after delivery and needed proper food and nourishment. The husband and his relations denied to provide required medicine and food. The wife was working as an Anganbadi worker. On July 30, 1996 she was to attend Anganbadi meeting. She sought permission from the husband to go to attend the said meeting. The husband did not give permission and on the contrary shut the door and assaulted her. He snatched away the relevant registers and papers of her office and drove her out of the house. The wife had to take shelter in the cow -shed in the night. Next day i.e. July 30, 1996 when she was proceeding to attend Anganbadi meeting the husband chased and assaulted her on the road. He even snatched away the child from her arms. At that time the parents of the husband reached the spot and they also assaulted her on the road. She lodged a complaint with the Hemagiri Police Station. The child was recovered and given back to the wife. As the husband assured the police that he would not ill -treat her, she again came to matrimonial home and could stay only for 7 days. Once the husband and wife went to Hemagiri. It was already dark when they were returning home. The wife suggested to spend the night in her parents' house. The husband did not agree and instead stayed in the house of a neighbour with whom her parents had ill -feelings. The next day the eldest brother of the wife asked the husband about the reason for not staying in their house. The husband got annoyed and pushed her brother violently. Being a handicapped person her brother fell down on the road and sustained pain on his left hand. The husband hereafter went to the police station and lodged a false complaint. The husband and the relations are very dangerous men and she has come to learn that they had killed one boy in their house and threw away his dead body. There being no chance of re -union, the wife has filed the petition for divorce and other reliefs.

(3.) THE respondent -wife examined five witnesses including herself to prove her allegations. The appellant -husband examined 3 witnesses including himself in defence. Upon consideration of the evidence on record the Family Court held that the Respondent -wife has proved cruelty, that properties worth Rs. 8,000/ - gifted by the wife's parents are with the husband and that the wife is entitled to permanent alimony @ Rs. 400/ - per month for maintaining herself and her child.