SMT. PUSBATI GOUD Vs. PABAN GOUD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Judge, Family Court, Rourkela, in allowing an application filed by the Respondent for dissolution of marriage by a decree of divorce.

(2.) LEARNED Counsel for the Appellant assails the impugned judgment on the ground that the desertion having not been proved and there being no material to support the pleading of cruelty, the decree for divorce should not have been granted. Learned Counsel also drew attention of the Court to the depositions of all the witnesses examined in course of trial.

(3.) WE have carefully perused the evidence adduced on behalf of both the parties before the trial court. P.W.1 is the Respondent himself. He has specifically stated that a month after the marriage the Appellant insisted to leave separately from other family members, and due to her insistence he retained a quarters in Sector -1 on rent. Even though they were staying in separate house she was neglecting him by not taking food and also did not show respect to his mother and always misbehaved her mother. He has stated in his evidence that she was always misbehaving his brother and whenever he was returning from duty she used to pick up quarrel with him without any cause. She insisted him for purchase of fridge, TV and two -wheeler, and, when he expressed his inability to purchase all this, she having picked up quarrel attempted to commit suicide to entangle him and his family members in criminal cases. This evidence of P.W.1 finds corroboration of the evidence of P.W.3 to a large extent. P.W.3 in his deposition has also stated that the Appellant used to pick up quarrel with the Respondent and his. family members and she never liked the family members to stay in the house. She frequently picking up quarrels and on one day she took poison and this witness made her to vomit. He also stated that the Appellant used to give threat to the Respondent saying that she would put them all inside the bar by committing suicide.