MANASI SARITA DASH Vs. MAHENDRA KUMAR NATH

JUDGEMENT

(1.) The wife, being the appellant, has filed MATA No. 57 of 2009 challenging the judgment and decree dated 07.09.2009 and 17.09.2009 respectively passed by the Learned Civil Judge (Sr. Division), Dhenkanal in Mat Case no. 191 of 2007 wherein the learned Court below dissolved the marriage and passed a decree of divorce in favour of the husband-respondent under Section 13(1)(i-a) of Hindu Marriage Act, 1955, in short "the Act, 1955".

(2.) The factual matrix of the case in hand is that the marriage between the parties was held on 30.06.2006 and after the marriage they stayed in her matrimonial home at Karigar Sahi of Dhenkanal town and led a conjugal life. After 8 to 10 days of marriage the wife persuaded the husband to stay with him at his service place at Tikarpada. The wife questioned that whether Sonu, the son of the deceased sister of the husband will remain with them or not and she expressed her dissatisfaction with the family members of the husband and persuaded him to leave his family members and to lead an independent life with better amenities and also did not like to take the burden and responsibility of other family members of the husband. It is further stated that the mother of the wife misbehaved the married sisters of the husband and gave unpleasant remarks about his brother-in-law. The husband assured the wife to bring a cordial atmosphere but the wife did not agree to stay in the matrimonial house with other family members and made some remarks against all the family members and refused to cohabit with the husband in order to compel the husband to leave his parents and take her to his service place. After 20 to 25 days of the marriage, the mother of the wife came to the house of her husband and abused all his family members in filthy language and threatened that she will not spare anybody who stands on the way of her daughters comfort. On 11.11.2006 the wife left her matrimonial house with her brother to her parental house without informing her husband and refused to join him. The wife alleged the incestuous relationship of the husband with his own sister and informed that she is pregnant and threatened to terminate the pregnancy if the husband will not act according to her will and also threatened to institute criminal case against the husband and other family members. Thereafter, the husband went to the in-law's house with hope for conciliation and during his stay at night, he found that his wife was ill. So, he proposed her for medical check-up, which was refused. Therefore, the husband finding no other alternative returned back after giving her a sum of Rs. 10,000/- with advice to take care of herself during pregnancy. On 23.6.2007 the wife gave birth a male child. But this fact was not informed neither to the husband nor to his parents and this was made known to the husband and other family members by outsiders. The husband went along with his brother to the hospital, but the mother of the wife did not allow them to see the child and abused them in filthy language. On 25.7.2007 the mother of the wife came to the house of the husband and scolded his parents in filthy language alleging illicit relationship between the husband and his sister. The matter was reported to the Town Police Station, Dhenkanal on 30.7.2007. The husband wrote a letter to the wife asking her to change herself to lead a happy family life or else there is no other option than to seek a divorce in the Court of law. But all his efforts were in vain. Due to such behaviour of the wife, the husband suffered mental agony and harassment which amounts to cruelty. Therefore, finding no other way out, the husband preferred the Mat case before the learned Civil Judge (Senior Divisiion), Dhenkanal bearing Mat Case No. 191 of 2007 under Section 13(1) (i-a) of the Act, 1955 seeking for a decree of divorce in dissolving the marriage between them.

(3.) After getting notice in Mat Case No. 191 of 2007, the wife filed written statement. The wife while admitting the fact of marriage and consummation of their marital life with the husband, stated, inter alia that out of their wed-lock, she had been blessed with a son, but alleges that the family members of the husband demanded dowry of a car and colour T.V. and teased her by giving mental stress. The wife also denied the allegation that she refused cohabitation withher husband nor put pressure on him to leave his parents and to take her to his place of service. The wife made allegation with regard to the illicit relationship of her husband with his own unmarried sister, which is not only heinous but also shocking and gave her a mental jolt. It is further stated that the wife was being brutally assaulted by her husband at the instigation of his mother and unmarried sister for further demand of dowry. It is denied by the wife that after 22-25 days of marriage, her mother went to the house of her husband and misbehaved other family members by using filthy language. On the other hand, the husband used filthy language against her mother and her sister. When the wife protested, she was assaulted inside the room, which caused swelling injury on her head. The mother and sister of the husband took away all the gold ornaments from the wife and when she was tortured by the family members of her husband, it became unbearable. Finding no other alternative, she left the matrimonial house and went to her parent's house in order to save herself and the child in her womb. While the wife was in her parent's house, she suffered from profuse bleeding and informed the same to her husband, who advised her to terminate the pregnancy and adopt the son (nephew of the husband) as their child, which was denied by the wife. On 23.6.2007 and 24.6.2007 the father of the husband was intimated and thereafter the wife intimated through the DFO about the birth of the Child. Neither the husband nor his family members visited the child and on the other hand, the husband threatened to divorce the wife and thereby she was also subjected to cruelty. It is further stated that the wife time and again expressed her intention to stay with her husband and to lead a happy conjugal life and to have her own family with their son, but the husband for no justifiable reason has filed the aforesaid Mat case, which the wife seeks for dismissal.