SUMANT BARAL Vs. SMT. SWARNAMANJARI BARAL

JUDGEMENT

(1.) This Matrimonial Appeal filed by the wife -respondent against the judgment dated 21.10.2014 in C.P. Case No.254 of 2013 passed by the Judge, Family Court, Dhenkanal thereby allowing a decree of divorce.

(2.) Short background involved in the case is that the respondent -wife was given marriage to the appellant -husband as per Hindu rites and customs on 24.6.2012 and the marriage was solemnized in Swapneswar Siva temple situates in village Sainbiri in presence of families and guests of both the parties. It was the further case of the respondent is that at the time of marriage, as per dowry demand, her father had given Rs.40,000/ - (Rupees forty thousand) in cash, a gold necklace, two gold finger rings, a pair of gold ear ring, a gold chain and some silver ornaments besides household articles. It is alleged that on the 5th day of the marriage, the sister of the appellant assaulted the respondent in presence of other in -laws for the reason of not offering a separate gold ring to her at the time of marriage. After 12 days of the marriage, the appellant and his in -laws again demanded Rs.1,00,000/ - (Rupees one lakh) in cash with one colour T.V., one freeze and gold bangles. Failing to supply cash and the articles, indicated hereinabove, the respondent was subjected to all type of torture, physically as well as mentally, even she was not provided food regularly. The respondent was also threatened for taking away her life by the appellant and his in -laws. The respondent was brutally assaulted after two months of marriage where after she was forcibly taken away to her father's house and dropped there with warning that unless she fulfils their dowry demand, she had no scope to return to her husband's residence. A complaint was made to the Sadar Police Station, Dhenkanal on 6.9.2013 and as stated the matter is subjudice in the court of S.D.J.M., Dhenkanal. It was contended by the respondent that finding loss of sanctity and peace in her marital life, the respondent had no other option than to seek a decree of divorce by dissolution of marriage and further for a decree for permanent alimony to the tune of Rs.10,00,000/ - (Rupees ten lakhs). Said case was registered as C.P. Case No.254 of 2013 on the file of Judge, Family Court, Dhenkanal.

(3.) In his opposition, the appellant by filing a written statement pleaded that all allegations raised by the respondent are false. Attempt of the respondent for decree of divorce, claim for permanent alimony and initiation of a criminal case are all with oblique motive to torture the appellant as well as his family members. The appellant also pleaded that he being a daily wage earner and earning Rs.100/ - per day further having no landed property to his credit, he is unable to pay alimony to his wife -the respondent.