SMT. NAMITA SWAIN Vs. RABINDRA KUMAR SWAIN

JUDGEMENT

(1.) "Pure love and suspicion cannot dwell together: at the door where the latter enters, the former makes its exit." - Alexandre Dumas Marital infidelity can ruin a marriage. Spouse's unfaithfulness is the most painful experience which hunts them year after years. A suspicious person feels insecure and imagines some scenario about his/her partner which is far from reality. Such individuals loose mental peace and make their own lives hell. Doubting every movement and bringing unfounded accusations against the partner without judging the situation fairly and impartially leads to strained relationship and finally the breakup of marriage. A little bit of suspicion against the character of the life partner is like a drop of poison in a glass of water, if not taken care of at the threshold with mutual understanding and love for each other is not rebuild forgetting the past, it can spoil the whole sanctity of marriage. The relationship between husband and wife is so delicate that it is to be dealt with all politeness and curtesy keeping the purity of marriage intact otherwise like a cankerworm, the suspicion would start slowly eating away the marital bond. Here is the case of a suspicious wife who brought very serious allegations of illicit relationship between her husband with his aunt and also with seventeen other women, some of whom were married and some were spinsters. She failed to establish the same in the Court of law. She also brought allegations against her husband of torturing her physically and mentally but that also she failed to establish rather the husband established that the wife always entertained her male friends inside her bedroom in his absence. The husband also proved that the wife was not doing any household work and misbehaving with him as well as his family members. Resultantly, the husband succeeded in getting a decree of divorce in his favour against the wife.

(2.) There proceedings were instituted before the learned Judge, Family Court, Cuttack. (i) Civil Proceeding No. 123 of 2007 was instituted by Rabindra Kumar Swain (hereafter 'the petitioner-husband') against Smt. Namita Swain (hereafter 'the opposite party-wife') under Section 13 of Hindu Marriage Act, 1955 read with Section 7 of the Family Courts Act, 1984 seeking for a decree of divorce and for dissolution of marriage between the parties. It is the case of the petitioner-husband that the marriage between the parties was solemnized on 02.07.2005 as per Hindu rites and customs and thereafter they lived together as husband and wife for about a month but then the opposite party-wife voluntarily left her matrimonial home. It is the further case of the petitioner-husband that the opposite party-wife was not performing her household works, misbehaving and insulting him and his family members and she did not even change her attitude in spite of his best efforts. She used to call other male persons inside her bedroom in the absence of her husband and ultimately she left the house of her husband and went to her father's place on 15.12.2006 taking all her belongings. The petitioner-husband and his family members made repeated attempts to settle the matter but they were misbehaved and assaulted by the opposite party-wife and her family members. On being noticed, the opposite party-wife appeared in the case and filed her written statement denying the allegations made by her husband. It is her case that after marriage when she stayed at her matrimonial home, the petitioner-husband raised demand of dowry and when her father expressed his inability to fulfil such demand, she was subjected to torture and cruelty. Even though the local gentlemen advised the petitioner-husband to behave properly with his wife but no fruitful result came out. When the opposite party-wife came to her father's place on 20.08.2006, the petitioner-husband made her character assassination and did not allow the opposite party-wife to return to her matrimonial house. It is her further case that the petitioner-husband not only kept illicit relationship with her aunt but also with seventeen other ladies. She also instituted a dowry torture case against her husband at Kujanga Police Station and further stated that just to defame her in the society, the petitioner-husband had brought false allegation against her. (ii) The opposite party-wife also instituted a proceeding against the petitioner-husband before the learned Judge, Family Court, Cuttack under Section 9 of the Hindu Marriage Act which was registered as Civil Proceeding No. 541 of 2008 with a prayer for decree of restitution of conjugal life. Apart from what she had narrated in her written statement in Civil Proceeding No. 123 of 2007, she asserted that the petitioner-husband was trying to marry for the second time and accordingly prayed for restraining the petitioner-husband to marry for the second time. The petitioner-husband on being noticed, entered appearance in the case, filed his written statement denying the allegations made against him by the opposite party-wife. The demand of dowry, the extra marital relationship with other ladies and the attempt for second marriage as alleged by the opposite-wife were all controverted. (iii) The opposite party-wife also filed an application under Section 125 Cr. P.C. before the learned Judge, Family Court, Cuttack which was registered as Criminal Proceeding No. 389 of 2008 claiming maintenance from the petitioner-husband at the rate of Rs. 3,000/- per month and Rs. 2000/- towards litigation expenses.

(3.) From the side of the petitioner-husband, three witnesses were examined including the petitioner-husband as P.W.1. Similarly from the side of the opposite party-wife, six witnesses were examined, out of which opposite party-wife is O.P.W.1.