APPLICATION WAS FILED Vs. JAYA GHOSH

JUDGEMENT

(1.) The appellant in this case, as respondent before the court below, has assailed the judgment and decree dtd.28.11.2013 passed by learned Judge, Family Court, Berhampur in C.P. No.20 of 2010.

(2.) Bereft of all unnecessary details, the facts of the case is as follows:-

(3.) The case of the respondent is that after marriage she proceeded to her matrimonial house with the petitioner with a hope to lead a happy conjugal life and performed all duties of a responsible wife and daughter- in-law following the custom and traditions of the petitioner's family. According to her at the time of marriage the petitioner was given gold ring, gold chain and cheque of Rs.40,000/- along with other articles while prior to marriage another Rs.40,000/- was given on demand of the petitioner. In spite all those, the petitioner was not satisfied with the articles brought by the respondent and soon after the marriage the petitioner and his family members started misbehaving and torturing her on demand of more dowry. Even the petitioner did not hesitate to come to the office of the respondent to ill-treat her by way of abusing and scolding in presence of her colleagues and staff and by that her official status was belittled. All these were tolerated by her with a hope for better future, but there was no change in the behavior of the petitioner and his family members. It is further alleged that during her pregnancy the respondent was not provided with neutrious food and rest as required. The respondent came to her father's house for delivery on 5.2.1997. Also at that time, on demand of the petitioner, she had to give a cheque of Rs.3000/-. This shows the behavior of a husband towards his wife. According to her even at the time of delivery the petitioner was not present with her and when the doctor insisted for a surgery for the delivery, she was compelled to come on the request of her brother only to sign in some documents required by Hospital authority, Menakshi Hospital, Berhampur. The daughter was born on 29.4.1997, but neither the petitioner nor his family members getting that news came to visit the new born. On the other hand the petitioner expressed his rage and dissatisfaction over the birth of a female child declaring that the respondent was to take care of the baby as she gave birth to a female child, which expressed the cruel attitude of the petitioner. it is also contended that during November, 1997 the respondent was about to join the petitioner in spite of all unwarranted behavior of the petitioner, but all of a sudden, in the month of October, 1997 the petitioner barged into the office of the respondent and forcibly asked her to sign on a document to which she refused and by that the petitioner created an untoward incident. It is asserted despite all attempts by the family member of the respondent for an amicable settlement of the disputes between the parties, no co-operation was extended by the petitioner and thereby the petitioner is solely responsible for causing dismay to the family life of the parties. in the circumstances it is contended that the petition for divorce may be rejected. On the other hand contending that the respondent does not want to continue with the petitioner, the respondent demands for judicial separation as counter claim.