LAWS(ORI)-2015-7-1

NIRUPAMA MOHAPATRA Vs. SABYASACHI MOHAPATRA

Decided On July 01, 2015
Nirupama Mohapatra Appellant
V/S
Sabyasachi Mohapatra Respondents

JUDGEMENT

(1.) "Every healthy marriage is composed of walls and windows. The windows are the aspects of your relationship that are open to the world - that is, the necessary gaps through which you interact with family and friends; the walls are the barriers of trust behind which you guard the most intimate secrets of your marriage."

(2.) THIS case presents an atypical example of unhealthy marriage in which walls and windows were shattered to pieces, high expectations crumbled leading to disappointment and then started blame -game. Ray of hope perished. Destiny carried the couple in different directions and then they crossed the turning point of no return.

(3.) THE appellant -wife on being noticed appeared in the case and filed her written statement denying the averments made in the plaint. It is the case of the appellant -wife that her father -in -law took Rs. 1,00,000/ - from her father few days prior to marriage for purchasing articles like Motor Cycle, Fridge, TV set, Washing Machine etc. and after marriage, her parents -in -law and other elderly members of her in -laws family took away her golden ornaments given by her parents with false assurance to keep the same in a Bank locker at the service place of the respondent -husband. In spite of the repeated request of the appellant -wife to give a gold chain for her daily use, the same was not complied with by her in -laws. After purchasing TV set, Fridge, Washing machine and other articles from out of Rs. 1 lakh given by the father of the appellant -wife, the balance amount was retained by her father -in -law towards the marriage expenses. The respondent -husband demanded further cash of Rs. 40,000/ - as additional dowry for purchasing computer and TV recording machine and the parents, elder sister and uncle of the respondent -husband also endorsed such unlawful demand. The articles such as furniture, clothes, utensils and other articles which were brought by the brother of appellant -wife to her in -laws house on the next day of marriage was heavily criticised by the family members of the respondent -husband. The in -laws of the appellant -wife also misbehaved with her in connection with demand of further amount of Rs. 40,000/ -. The father of the appellant -wife was insulted and misbehaved by the family members of the respondent -husband. It is the case of the appellant -wife that though she was doing all the household works but she was treated by her in -laws like a maid servant. She was not provided with proper food and clothing. At the time of her pregnancy, she was not even provided with medicines for which day by day she became very weak. On 29.4.2007 the respondent -husband gave a kick blow on the belly of the appellant -wife for which she felt severe pain and discomfort. On 30.4.2007 her father brought her to Puri for her treatment with the permission of her parents -in -law. It is the further case of the appellant -wife that the respondent -husband, in order to protect himself and his family members from future legal complicacy and apprehending that their misdeeds would be exposed, made application to Odisha State Commission for Women making all kinds of false and baseless allegations.