MADAN SUNDAR BEHERA Vs. PRATIMA SAHU

JUDGEMENT

(1.) This is a Matrimonial Appeal filed by the appellant -husband against the judgment and order dated 14th July, 2014 passed in Civil Proceeding No.31 of 2013 (Matrimonial Case No.144 of 2012) by the Judge, Family Court, Bhawanipatna rejecting an application under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955.

(2.) Short fact involved in the case is that the marriage between the parties was solemnized as per their caste, custom and rituals on 22.2.2006 in the respondent -wife's parents house at Kumbharpada in Bhawanipatna. The parties were blessed with a girl child on 13.1.2007. It is alleged by the appellant -husband that the matrimonial dispute arose in between them when the respondent -wife started ill -treating him after her return to her matrimonial home with the new born child and insisted the appellant to sleep in a separate bed. In the month of March, 2007, while the respondent was washing clothes of the child, respondent -wife threw the bucket in the well showing her abnormal behaviour and she also threatened to commit suicide, unless she is taken to her parental house in Bhawanipatna immediately. It is further alleged that since then the abnormal behavior and attitude of the respondent -wife towards the appellant as well as his parents increased day -by -day so much so that, even the respondent went to the extent of asking the appellant to leave their village by selling his parental property and to stay at Bhawanipatna, which the appellant refused. It is further submitted by the appellant that in order to bring change in the mind - set of the respondent, the respondent was taken to her parental house and while she was staying there, she got admission in Hindi Ratna and Computer in the year 2008 and at a subsequent point of time, the respondent joined as a teacher in a English Medium School at Bhawanipatna without any information to the appellant. It is further averred that since January, 2010 there is no marital relationship between the parties and the respondent continued to behave in an abnormal manner and refused to return to the matrimonial home for which the appellant convened a meeting involving responsible persons of their caste society for settlement of the dispute, where the respondent disclosed that she cannot stay with the appellant at her matrimonial place but she is agreed to stay with her husband at Bhawanipatna. It is further alleged that respondent lodged a report at Bhawanipatna Town Police Station against the appellant, his parents and sister for offences under Sections 507/498 -A/506/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act. The mother of the appellant was arrested and there was also seizure of some of the properties. The appellant claimed that under the circumstances, there is total breakdown in the marital relationship between the parties and consequently by filing the aforesaid matrimonial case, the appellant requested for a decree of divorce by way of dissolution of marriage.

(3.) In opposition, the respondent by filing a written statement contended that there exists marriage in between the appellant and the respondent and they have also been blessed with a girl child but she alleged that ill - treatment, both physically and mentally was inflicted on her after she gave birth to a girl child. Denying the allegation that the respondent left the matrimonial home on her own volition, she contended that she was forced to leave the matrimonial home in the month of May, 2010 to stay in her parents house. It is further contended that when the dispute was taken up for re - conciliation, the parents of the appellant demanded Rs.1,50,000/ - to enable the appellant to get a job of Panchayat Secretary and when she realised that she realized that she will never be accepted by the appellant, unless the aforesaid amount is given to them, she was compelled to lodge a report at Bhawanipatna Town Police Station against the appellant and his parents. On the basis of the aforesaid pleadings, evidence as well as the material documents, the matrimonial case was finally decided by the Family Court on 14th July, 2014 with the following order: "That the petition filed by the petitioner under U/s. 12(1) (ia) (ib) of the Hindu Marriage Act, 1955 against his wife -respondent is dismissed on contest, but without any cost in the peculiar facts and circumstances of the case."