SUVENDU SEKHAR MOHAPATRA Vs. SMRUTIREKHA MOHAPATRA

JUDGEMENT

(1.) In this appeal, the appellant-husband has assailed the judgment dated 24.12.2012 passed in C.P. No.125 of 2011 by the Family Court, Berhampur, Ganjam on an application filed under Section 13(1) of the Hindu Marriage Act, 1955 for a decree of divorce dissolving the marriage of the appellant with the respondent-wife.

(2.) The case of the husband before the Family Court was that he got married as per the Hindu Customs and rites on 17.04.2006 at Berhampur. He was a well settled software engineer and hailed from a respective family. He specifically alleged that the respondent and her parents deliberately concealed from him certain relevant and pertinent aspects concerning her health which were later on identified to be continuous and incurable. Since her childhood, wife happens to be a chronic recipient of medicines. He further alleged that the above situation aggravated in its widest ramification in psychotic deficiencies, continuous mental imbalance resulting in heretic behaviour with hysteria. It was further alleged that wife had dramatic convulsions at Berhampur, Delhi and at Chennai which have directly affected husband s marital life and instances like breaking of Mangalasutra sacred thread and Chudi bangles all conveyed her to be of disturbed state of mind and desire to stay away from the husband. The husband further alleged that this was the state of affair from her childhood and he could not understand as to why she and her parents had camouflage this vital facts from him. His attempt to improve her condition through medical treatment, had all gone in vain. He further alleged that there was never an occasion when wife had lived peacefully even for a shorter period of one week without being affected by depression or neurotic tendencies. The suppression of the above condition by her parents resulted in causing abortion. He further alleged that his wife deserted him since 3 April, 2010. Being afraid of his going mad, in the event he resides with such a person, he filed the above C.P. No.125 of 2011 seeking a decree of divorce by dissolving their marriage.

(3.) Being noticed in the C.P. No.125 of 2011, the respondent-wife appeared before the court below and filed counter/objection. In the counter affidavit, while denying all the allegations made against her, while admitting the marriage, wife contended that at the time of marriage, the parents of the wife had given Rs.1,50,000/- besides, gold measuring 10 tolas, gold chain, ring and other valuable household articles and goods as dowry to meet the demand of the husband and his parents. On the allegation about her ill health and the alleged deceases, she submitted that she had never suffered any psychotic diseases as alleged. The marriage between them was an arranged marriage. The wife claimed to be a Post Graduate degree holder. She has denied the allegation that she had never lived peacefully even for a short period of one week without depression and neurotic tendencies and claimed that the husband has been trying to escape the liability for shouldering the wife and to provide her maintenance. In the counter/objection, she further contended that she was driven out from the matrimonial house by the husband at the instance of his parents. She has also alleged that she was subjected to torture physically/mentally by the parentsin- law and his family members. She further alleged that the husband was demanding Rs.1,00,000/- as dowry and as the said demand could not be fulfilled, the husband along with his family members, driven out the wife from their house. All the actions of the wife to lead a conjugal life with the husband went in vain. She has also reported the matter to the Mahila Police Station, Berhampur and in spite of institution of a case under Sections 498-A/394/294/506 read with Section 34 of I.P.C. registered by the police against the husband and his mother, she is still prepared to join the husband and lead a conjugal life peacefully. She has further disclosed that she has also moved an application under Section 125 of Cr.P.C. and the matter is pending vide C.P.No.294 of 2011. The wife in the counter/objection claimed that she is unable to maintain herself and is passing her days in an acute financial crisis and to meet the day-to-day expenditure, she is depended up on her parents. While claiming that the relief under Section 13 of the Hindu Marriage Act, at the instance of the husband, is a counter blast to the F.I.R. lodged against the husband, she claimed that there is no reasonable ground to invoke Section 13 of the Act. In the above premises, she claimed for rejection of the aforesaid application of the husband.