SMT. SANDHYARANI SATAPATHY Vs. SACHIKANTA RATH

JUDGEMENT

(1.) The wife-appellant (for short 'the wife') has filed this Matrimonial Appeal assailing the judgment and order dated 18.05.2015 passed by learned Judge, Family Court, Berhampur in C.P. No. 278 of 2013 allowing an application under Section 13 of the Hindu Marriage Act, 1955 and thereby dissolving the marriage between the parties to this appeal by a decree of divorce.

(2.) The husband-respondent (for short 'the husband') filed C.P. No. 278 of 2013 before learned Judge, Family Court, Berhampur under Section 13 (i-b) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') for dissolution of marriage by a decree of divorce. The contention of the husband in the civil proceeding was that his marriage with the appellant was solemnized on 4.6.2009 as per Hindu rites and customs. After the marriage, both the spouses led a happy conjugal life at the matrimonial house at Digapahandi for a short period. After six months of their marriage, when the marital discord ensued between the parties, the wife left the matrimonial home to her father's house without any reasonable cause. In spite of repeated efforts and requests, she did not come back to resume her matrimonial life till 2010. However, at the request of the husband, she came back in the month of December, 2010 and continued to stay there till May, 2011. Again she voluntarily deserted the matrimonial home with all her belongings including valuable ornaments, cash and dowry articles and left for her parental home for good. In spite of intervention of gentlemen, friends and relatives and personal endeavour of the husband, she refused to join him (husband). She also lodged an F.I.R. against her in-laws alleging demand of dowry and torture. As such, the family members of the husband are facing trial under Section 498-A of the I.P.C. The husband, losing all hopes of leading a happy conjugal life, more particularly because of the attitude of the wife towards his (husband's) family members, filed the aforesaid civil proceeding.

(3.) The wife appeared pursuant to the summons issued and filed her written statement denying the assertion made in the petition under Section 13 of the Act, 1955. She contended that there was a demand of dowry at the time of marriage and accordingly, her father had paid a cash of Rs. 1.00 lakh and had given ten tolas of gold ornaments and other household articles to the husband at the time of her marriage. Immediately after the marriage, there was further demand of money and due to non-fulfillment, she was subjected to mental and physical torture by her in-laws. When the behaviour of her in-laws became intolerable, the wife left the matrimonial home and stayed with her parents. She is depending on her old parents for her morsel and basic needs of day-to- day life. Due to intervention of the elderly persons of both families, she again joined her husband in the month of December, 2010. In stead of being kind to her, the family members including her husband continued their ill-treatment and torture. She was even physically assaulted by her husband in inebriated stage. Apprehending danger to her life and in order to get rid miseries, she left her matrimonial home in the month of May, 2011. Thereafter, she lodged a written report at Digapahandi P.S. on 15.5.2013, which was registered as Digapahandi P.S. Case No. 57 of 2013. Accordingly, G.R. Case No. 120 of 2013 was initiated on the board of the learned J.M.F.C., Digapahandi under Section 498-A, I.P.C. against her in-laws. She contended that she was forced to leave her matrimonial home which she never desired. Hence, she prayed for dismissal of the civil proceeding.