SANTILATA CHOUDHURY Vs. NIMAIN CHARAN PATRA

JUDGEMENT

(1.) This is an Appeal under the provision of Section 39 of the Special Marriage Act, 1954 involving the judgment and decree dated 12.7.2010 & 26.7.2010 passed by the District Judge, Khurda at Bhubaneswar in O.S. No.20 of 2001 thereby allowing the suit dissolving the marriage between the appellant-wife, who has already reached at the age of 66 years and the respondent-husband, who has also reached at the age of 77 years presently.

(2.) Short background involving the case is that the respondent, as the plaintiff in O.S. No.20 of 2001, being Hindu entered into marriage with defendant-appellant solemnized on 17.8.1998 at Jeypore in the District of Koraput. After the marriage, both of them were in jointness. In August, 1998 both of them came to Bhubaneswar where the respondent was serving as an Assistant Commandant of the Traffic Training Institute. Plaintiff alleged that after the marriage, till the suit was filed the defendant was treating the plaintiff with constant mental and physical cruelty with her aggressive behaviour. Plaintiff also alleged that the defendant was not hesitating in behaving the plaintiff with discourteous language in presence of his son, junior employees, Orderly, friends and relatives. Plaintiff also alleged that he was being abused in disparaging, derogatory and ugly remarks, such as BUDHA, ROGIA & RAIJALA. Plaintiff also alleged that the defendant never shared bed with the plaintiff and she was all through sleeping separately. Defendant was not even cooking food. She was not hesitating to ill-treat the daughters, son-in-laws, grandson and the son most of whom through the first wife of the plaintiff. In July, 1999 the plaintiff visited Puri with the defendant to perform his duty during Car Festival. A relative of the plaintiff came to the room of the hotel where she treated him discourteously. On the date of Car Festival when the plaintiff returned to the hotel late in the night after performing duty, the wife got furious and quarreled with the plaintiff. The wife also misbehaved him by dragging his Lungi and making him naked in presence of relatives. It was also alleged therein that the wife used to assault the husband in a filthy manner. Involving several such incidence and ultimately as the matter went out of control, tolerance and the cruelty at the instance of the wife reaching at its height, the plaintiff was constrained to file the suit for decree of divorce. Defendant contested the suit by filing written statement denying each and every allegation. On the other hand, the defendant's case was that the son of the plaintiff through the first wife died prior to second marriage was the root cause of all disturbances, who at the instance of daughters and in-laws was trying to get rid of her from the family and was engaged in brainwashing the plaintiff. In the result, the husband was always subjecting her to cruelty and torture and thus filed the suit with such evil design. She also alleged that it is the husband used to manhandling her without just and reasonable cause and making her life miserable. But for having no other alternative she used to tolerate all such nuisances by the whole family. She also complained that she was being used less than a Maid Servant in the house of the plaintiff and she was leading a horrible life under the shelter of the plaintiff. She attempted to deny any incident claimed to have taken place in Puri during Car Festival and thus prayed for dismissal of the family dispute at the instance of the husband.

(3.) On the basis of the pleading, the trial court framed the following issues :-