POONAM MEHTA ALIAS POONAM PRASAD Vs. NARESH PRASAD

JUDGEMENT

(1.) THE judgment dated 19th April, 2004 passed by the Judge, Family Court, Rourkela in Civil Proceeding No.155 of 2001 dissolving the marriage solemnized between the parties by a decree of divorce is assailed by the appellant -wife.

(2.) THE parties got married at Dhanbad according to Hindu rites and customs. The marriage was consummated at Rajgangpur in the district of Sundargarh. A proceeding was initiated by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act read with Section 7 of the Family Courts Act with a prayer for dissolution of the marriage by a decree of divorce on the ground of cruelty and desertion by the wife. According to him, after fifteen days of the marriage the wife expressed her reluctance to stay with the family of the husband and insisted on him to send her back to her parents house. Consequently he sent her with her father to Dhanbad. Five days after her departure, he went to his place of posting at Bhutan. In June, 1993 for availing summer vacation he came to Rajgangpur when his wife joined him and both of them lived together for about ten days where -after he went back to Bhutan to resume his duties leaving the wife at the matrimonial home. After arranging accommodation at Bhutan he came to Rajgangpur and took the wife to Bhutan where both of them led a blissful married life for some time. After a few days, it was alleged, the wife did not like to stay at Bhutan and insisted on him to send her back to her parents again. While the matter stood thus, one day on his return from duty he found that all the furniture and utensils of the house lying scattered on the floor being damaged. On being questioned the wife admitted to have done so. Then a few of his friends and other guests visited his house and when he directed the wife to serve them tea, she bluntly refused, thereby causing embarrassment to the husband. Such action, according to the husband, lowered his prestige and dignity before others amounting to cruelty to him. Thereafter he sent for the parents of the wife and her father took the wife to Dhanbad from Bhutan. Then in the year 1995 the marriage of his brother took place at Rajgangpur. Though the wife attended the said marriage, she refused to accompany him to Bhutan and created problems in the house and even rebuked the family members for which he again sent her back to her parents house. To make the long story short, according to the husband, the behaviour of his wife was not proper. She used to exhibit furious anger and as such he always apprehended risk to his life. Thereafter the wife never returned to him to resume the conjugal life and he having no other option had to serve a lawyers notice on her and ultimately approached the Court.

(3.) ON the basis of pleadings of the parties, the Court below framed the following issues for adjudicating the case : -