LAWS(GAU)-2017-10-41

SMT. SUNITA GUPTA Vs. RAHESH SAHU

Decided On October 23, 2017
Smt. Sunita Gupta Appellant
V/S
Rahesh Sahu Respondents

JUDGEMENT

(1.) This appeal is by the wife, whose petition for divorce has been dismissed by the impugned judgment dated 31.10.2014 passed in T.S.(D) No. 5/2014 by the Additional District & Sessions Judge, Hojai, Sankardev Nagar.

(2.) The marriage of appellant-wife with respondent-husband was solemnized on 1.7.2009 according to the Hindu Rites and Ceremonies. At the time of marriage, the father of wife spent substantial amount and gave valuable gifts to the husband as per his demand. But, within few days, husband disclosed to wife that their marriage was against his consent, as he was having love affairs with another woman. The husband also demanded Rs. 5 lacs. more from wife, failing which, he treated her with physical and mental cruelty. The husband almost every day physically assaulted the wife by giving fists and kick blows. The wife informed about her miserable condition to her elder brother Raju Gupta, who, in turn, requested the husband not to torture, but to no avail. Instead, the husband and his family members insisted for payment of Rs. 5 lacs. or else, they refused to keep her with them. Therefore, on 5.8.2009, Raju Gupta brought the wife to her parental home and since then she is living there.

(3.) The husband, instead of bringing back his wife to his house, sent innumerable filthy messages through cell phone saying that he does not recognize her as his wife and that he will continue to torture her and even wants divorce from her.