PREETI DAS & ANOTHER Vs. NARASING SAHOO

JUDGEMENT

(1.) This Matrimonial Appeal has been filed under Section 19 of the Family Court Act, 1984 at the instance of the appellants herein - respondents in the Court below assailing the unreasonable grant of Rs.3,00,000/ - (Rupees Three lakhs) as permanent alimony in allowing an application for divorce at the instance of the husband (present respondent).

(2.) Undisputed facts in short are that the marriage between the appellant no.1, the wife and respondent, the husband was solemnized on 27.04.2011 at Sidhartha Nagar, Berhampur according to Hindu rites and customs in the house of appellant No.2, the father of appellant no.1. After solemnization of marriage, the spouse came to the quarters of the respondent on 29.04.2011. It was alleged by the husband -respondent in the court below that he sensed something unusual and very abnormal in the behavior of his wife -appellant no.1, resulting there is no intercourse for the non -cooperation and unwillingness from the side of appellant no.1. Despite several attempts by the husband -respondent, she behaved in most erratic manner resulting both the spouses spending several sleepless nights. For the untoward behavior of the appellant no.1, the respondent alleged to have suffered from mental agony and could not disclose his state of mind before anybody. While the matter stood as such, on 18.5.2011 when the appellant no.1 was sitting in the quarters of the husband -petitioner, she suddenly fell down, trembled, became unconscious with convulsion of fluid from her mouth. Her both hands and legs became stiff and vigorously shaking, her teeth got locked, eyes looked unusual, her face turned right side and all these continued for about 15 to 20 minutes. On enquiry, the wife herself disclosed that she has been suffering from some mental disorder since 2009 and she is taking medicine regularly being prescribed by Dr. C. Rajesh Reddy of Apollo Hospital, Hyderabad. An attempt was made by the husband -respondent to ascertain the fact from the father -appellant no.2. The appellant no.2 instead of replying, scolded the petitioner and gave threatening. The respondent further submitted that the appellant no.1 as well as appellant no.2 have suppressed this fact from him prior to the marriage. The matter went to such an extent that the appellant no.1 did not sleep in the night and apprehending danger to her life resulting the respondent was forced not to sleep entire night. On 30.5.2011 the appellant no.2 came to the house of the respondent and suggested the respondent to shift his daughter to Apollo Hospital for immediate treatment. Dr. C. Rajesh Reddy was consulted on 02.6.2011 and on examination of the appellant no.1 and after perusal of previous medical papers since 2009, advised her to continue those medicines regularly. It was further alleged by the respondent that not only the appellant no.1 but also her family members threatened the respondent to put him in trouble and threatened with dire consequences. Suddenly and unexpectedly the wife -appellant no.1 in presence of her parents started assaulting the husband -respondent. Meanwhile, on 05.6.2011, the appellant no.2 lodged a report against the respondent at Mahila Police Station, Berhampur. The O.I.C of the Police blindly favouring the appellant no.1, detained the respondent in the Police station till 6 P.M and at the end directed the respondent to take his wife with him. While the matter stood thus, on 06.6.2011, the respondent, the appellants and one Pankaj, all came in a car to the quarter of the respondent situates at Berhampur Colony where they all entered into hectic arguments with the respondent and they repeatedly gave threatening to put them behind bar unless they would pull on well and tolerate the conduct of appellant no.1 and after giving warnings, the brother and father of the appellant no.1 left for Berhampur. Immediately after such incident, appellant no.1 again entered into quarrels with the family members of the respondent. She remained at Talcher till 1.30 p.m. on 29.6.2011 in between which time she again created some problems and went on insulting the respondent and his parents with constant threatening that unless they tolerate her, she would put an end to her life by committing suicide. Appellant no.1 all through kept herself aloof and did not do even the household works. On 29.6.2011 at 1.20 p.m., parents of the appellant no.1 reached the house of the respondent and took away the appellant no.1 with them and since then she was residing at Berhampur. The respondent thus submitted that both the spouse stayed together for a period of maximum 45 days. The entire period passed with quarrel and behavior from her side was most abnormal. The respondent further alleged that apart from the bad behavior, the appellant no.1 was also suffering from mental disorder/epilepsy since long and the fact being suppressed from the respondent all through. Thus, on the premises indicated hereinabove and finding no possibility of maintenance of conjugal right, the respondent filed the matrimonial case seeking decree for dissolution of marriage thereby granting decree of divorce on the ground of mental and physical cruelty. Being noticed, the present appellants appeared in the matter and by denying each and every allegations at the instance of the respondent, in a joint written statement, the appellant no.2 very categorically disclosed regarding epilepsy disorder tendency with the appellant no.1 and contended that it was within the control at the relevant point of time because of regular medication and medicine was required to continue. The written statement further disclosed the fact that the appellant no.1 was under the treatment of Doctor C. Rajesh Reddy of Apollo Hospital, Hyderabad and that the appellant no.1 can lead a happy marriage life were all within the knowledge of the respondent. It was next contended that the marriage was solemnized with due information of the previous ailment with the appellant no.1. In the marriage, not only the appellants side fulfilled all the demand from the side of the respondent, they have even met with all expenses on account of hotel bills for deluxe rooms, fooding for the guests of respondent, band parties, hire charges of car, flower decoration of the car, as demanded by the respondent and his family members. The allegation that the appellant no.1 did not cooperate the respondent on the 4th night was submitted to be false and concoctive. The appellant no.1, on the other hand, alleged that incidents alleged to have happened was due to non -cooperation of the respondent. The appellant no.1 specifically alleged that the respondent is rather medically unfit to maintain a conjugal life and remaining busy to see blue pictures in the bed room. The appellant no.1 also alleged that the weakness of the respondent was well within the knowledge of his parents and for this reason, only marriage of the respondent got delayed. The respondent side used to be misbehaved by in - laws. The respondent side even got annoyed in the matter of transferring a sum of Rs.10,00,000/ - (Rupees ten lakhs) from appellant no.1's account to the account of respondent resulting which, his family members did not allow her to enter into her bed room. They even retained forcibly her wearing apparels as well as medicines, she used to take regularly. She was not even provided food for two days putting pressure on her for transfer of the amount to the respondent's account. Respondent visited with Appellant no.1 to Hyderabad, met with the Doctor and on this occasion the Doctor had a clear advice to continue with the medicines in time so that there may not be any problem to lead the conjugal life in the presence of the respondent. Appellant no.1 further alleged that the respondent was an impotent person and having no sexual ability got married with the appellant no.1 in spite of his weakness and therefore, the respondent rather cheated the appellant no.1. On 6.6.2011 the respondent came along with appellant no.1 to Talcher and gave an undertaking to Police assuring to take care of the appellant no.1. Consequently, both of them stayed together till 29.6.2011 on which date she was forcibly driven out from their house. While submitting as above, appellants prayed for dismissal of the suit along with a prayer for grant of maintenance of at least Rs.15,000/ - (Rupees fifteen thousand) per month in favour of the appellant no.1 along with a sum of Rs.50,000/ - (Rupees fifty thousand) as litigation expenses.

(3.) To substantiate their pleadings, the parties led evidence by producing appellant no.1 and the respondent as witnesses from their side. This apart, both the parties also exhibited documents vide Ext.1 to Ext.3 and Ext. A to Ext. E/7 respectively. Considering the rival contentions of the parties and after going through the evidence and materials available on record, the learned Judge, Family Court, Berhampur, district Ganjam while allowing the petition for decree of divorce against the appellant no.1 subject to however deposit a sum of Rs.3,00,000/ - (Rupees three lakhs in favour of the appellant no.1 within a period of two months hence.