NISHA GUPTA Vs. UDAY CHAND GUPTA

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19(1) of the Family Courts Act, 1984 impugning the judgment dtd. 7/10/2017, passed by Ld. Principal Judge, Family Court, Nalanda at Biharsharif in Divorce Case No. 72 of 2008, whereby the petition filed under Sec. 13 of the Hindu Marriage Act on 29/7/2008, praying for decree of divorce dissolving the marriage between the parties, has been allowed dissolving the marriage between the parties by decree of divorce.

(2.) The case of the Respondent-Plaintiff, as per the pleadings, is that the Respondent-Plaintiff was married with the Appellant-Defendant on 10/7/1987 as per Hindu rites and customs. Since the marriage, they lived together as husband and wife and out of wedlock two sons were born. The elder son, namely, Narendra Bharti was born on 16/5/1991 and the younger son, namely Aditya Kumar was born on 15th of August, 1998. It is further averred that after birth of second son, the nature of the Appellant-Defendant-wife got completely changed and she always used to quarrel with the old mother of the Respondent-Plaintiff-husband. It is further averred that she used to leave her husband's house without any information and when the husband or his mother asked, she used to use filthy language against husband and his mother and she was not ready even to talk with them. She was also not ready to prepare meal and she had left everything with his old mother as a result, the life of the husband became hell. It is further averred that there was no cohabitation since 1999 till date, hence the wife had deserted the husband continuously for ten years. It is further averred that since 1999, the wife treated the husband with cruelty, which is apparent from the following facts - (i) the wife was making food after taking all material separately and was not ready to prepare food for husband and she always used to quarrel with him, which forced the petitioner to live separately at upper floor of the house and the wife is living at the ground floor having no concern with each other. So the husband started taking food in the hotel. When she left the house for 4 and 5 months continuously, in that situation, the Respondent-Plaintiff was making food for himself and for his minor sons, but when the wife came, she forced her sons not to talk with his father and due to fear from wife, the sons could not dare to talk with the Respondent-Plaintiff. (ii) Although the Appellant-Plaintiff was maintaining his two sons giving all expenditure, the wife always used to threaten the husband to lodge criminal case against him and always went to local police station for lodging of false case. (iii) The Appellant-Defendant-wife sold rice, wheat and other grains from the fields of the husband behind his back and also sold all the costly utensils of silver and brass worth Rs.60,000.00and also sold the entire gold and silver ornaments which was given by the husband on the occasion of the marriage and when Respondent-Plaintiff said anything, the wife used to abuse him. (iv) The wife threatened the husband to kill him with the help of anti-social elements. Hence it is impossible for the husband to live with his wife. (v) On several occasions, the husband fell seriously ill and admitted in Prashant clinic at Bharaoper, but the wife never came to see him.

(3.) It is further averred that the husband tried his best, but ten years have passed and the wife never cared or was ready to live with the husband. It is also averred that the husband has not filed any matrimonial case prior to the present one.