SUSHANT KUMAR MISHRA Vs. SUBHRANSUBALA MISHRA

JUDGEMENT

(1.) THE aforesaid two appeals are directed against a common judgment and order of the learned Judge, Family court, Cuttack in Civil Proceeding in No. 315 of 2002 and Criminal Proceeding No. 213 of 2004 disposed of in a common judgment dated 24-2-2006.

(2.) THE appellant in MATA No. 6 of 2006 is the husband (Susanta) and the appellant in MATA No. 30 of 2006 is the wife (Subhrasubala ). The husband had filed Civil proceeding No. 315 of 2002 for dissolution of marriage and other reliefs whereas the wife had filed Criminal Proceeding No. 213 of 2004 claiming maintenance, for herself and for her minor daughter. The learned judge, Family Court in the impugned judgment passed a decree for dissolution of marriage subject to payment of Rs. 1,50,000/-to the wife towards maintenance of the minor daughter as well as permanent alimony. Challenging the decree of dissolution of marriage, the wife has filed MATA No. 6 of 2006 and the huandband has filed MATA No. 30 of 2006 challenging the grant of permanent alimony of Rs. 1,50,000/- and nongrant of compensation claimed by him in the civil Proceeding for dissolution of marriage.

(3.) THE case of the husband in the civil proceeding is that the marriage took place on 29-2-2001 and in the same night both he and wife came to his house at Kashipur. On the next day the wife showed abnormal activity and also disclosed about her relationship with some one at Banki and because of such behaviour of the wife, the situation became tense and the husband advised her to behave like a daughter-in-law. However, she reacted and assaulted him causing bleeding injures as a result of which, her father was intimated to come. Her father reached the house of the husband at 1. 30 p. m. on 1st March, 2001 and took away his daughter (wife) to Banki. Subsequently, the husband was requested by his father-in-law to come to Banki and stay with his wife as a domesticated son-in-law, which the husband did not oblige. On 9-3-2001 the father-in-law of the husband came along with his daughter and requested the husband to stay at Banki as domesticated son-in-law, which was again refused, by the husband. Thereafter, the wife threatened her husband and praised her Senior, Subash mishra with whom she had love affairs and also disclosed that her senior is a conspirator in a murder case who can smash the husband. Thereafter, the wife left the matrimonial home along with her belongings and declared that she would divorce the appellant-husband. When she did not return to the matrimonial home for a period of four months, a telegram was sent to the family of the wife to close the chapter and take away the left over articles whereafter the father of the wife came and took away the left over articles. In March, 2001 the husband came to Cuttack and started his practice in the high Court and while at Cuttack he informed his wife to resume the marital life but the wife refused. Subsequently, the husband came to know that his wife has delivered a child in S. C. B. Medical College and Hospital, cuttack in November, 2001. Considering the conduct of the wife, the husband had no other option except filing the civil proceeding for divorce and also claimed damages to the tune of Rs. 2,50,000/ -. The wife in turn filed an application under Section 125, Cr. P. C. claiming maintenance for herself and the minor daughter. Her case is that after marriage she stayed in the matrimoniat home at Kashipur for one month whereafter she shifted to Cuttack and stayed at arundoya Nagar. On 5-4-2001 she, her husband and the family members of the husband came to a rented house whereafter she was subjected to cruelty in relation to further demand of dowry. It is also the allegation of the wife that on one occasion she was strangulated by her husband and she was rescued by the villagers and that on 24-4-2001 her brother-in-law misbehaved with her and took away her gold ornaments and forced her to leave the matrimonial home and practically she was driven out from the matrimonial home. According to her, her husband is earning Rs. 10,000/- from profession and her father-in-law is also an Advocate who has some income from the profession apart from his monthly income as retired Government servant. On the above allegations, she claimed maintenance of Rs. 1,000/- for herself and a sum of Rs. 1,000/-for the minor child. The learned Judge, court allowed the prayer for dissolution of marriage, granted permanent alimony of Rs. 1,50,000/- to the wife and the minor child but did not pass any decree so far as damage claimed by the husband is concerned. Therefore, two appeals have been filed before this Court, one by the wife challenging the decree of dissolution of marriage and the other by the husband challenging the permanent alimony as well as non-grant of damages.