SAVITA MANDAL Vs. NAKSHTRA KUMAR MANDAL

JUDGEMENT

(1.) The present appeal has been filed impugning the judgment dtd. 12/1/2017, passed by learned Additional Principal Judge, Family Court, Katihar, in Matrimonial (Divorce) Case No. 413 of 2013. This petition was filed under Sec. 13 (1)(I-B) of the Hindu Marriage Act, 1955 praying for divorce and custody of two minor children born out of wedlock. However, the petition was dismissed on contest.

(2.) The case of the Appellant-Plaintiff, as per the pleadings is that the marriage between the Appellant-Plaintiff and the Respondent-Defendant was solemnized on 25/9/1998 as per the Hindu rites and customs. After marriage, the Appellant-wife joined the matrimonial home of the Respondent-husband. It is further pleaded that at the time of marriage, lavish gifts besides cash of ?1.5 lacs towards expenses of the marriage were given to the Respondent-husband. After the marriage, the conjugal life between the parties was cordial and two male children, namely, Priyansu Kumar and Saket Kumar were born out of the wedlock, who were 12 years and 10 years old respectively at the time filing of the divorce petition. It is further pleaded that after the birth of younger child, the Respondent-husband developed intimacy with another lady of the same village and he was living adulterous life with her. It is further pleaded that while she was living with her husband, there was complaint of insufficient payment of dowry and ornaments by the husband and his relatives, for which, she was subjected to physical and mental cruelty. Ultimately, she was driven out from the matrimonial home after keeping her belongings and ornaments. It is further pleaded that on account of ill treatment and adulterous life of the Respondent-husband, the Appellant-Plaintiff felt uncomfortable to live with Respondent-husband along with his family members and children. It is further pleaded that the Appellant-Plaintiff joined District Police on monthly salary and she scarcely spared time to meet the Respondent-husband at his parental home on account of his posting at different places. It is further pleaded that at the end of every month, the Respondent-husband used to visit her place of posting to take her salary under threat and coercion, leaving the Appellant-wife hand to mouth. It is further pleaded that both the minor sons are living with the Respondent-husband on the pretext of better guardianship and academic career, but reliably it is learnt that they are subjected to ill treatment by the Respondent-husband. As the Appellant-Plaintiff has got government quarter for her residence, she is capable to maintain the academic career of her children. The Appellant-Plaintiff has strong apprehension of untoward incident at the instance of the Respondent-husband. Hence the Appellant-Plaintiff is no longer willing and ready to proceed further with her matrimonial relationship with the Respondent-husband. It is further pleaded that on account of ill treatment at the hands of the Respondent-husband and his family members, the Appellant-Plaintiff has lodged criminal case, bearing Complaint Case No. 203 of 2013 before the Ld. S.D.J.M., Katihar. It is further pleaded that in view of the above facts and circumstances, the matrimonial life of the Appellant-Plaintiff with the Respondent-husband was very tense and no reliance can be placed by the Respondent- husband to continue the matrimonial relationship further and hence, she has filed the present petition with a prayer for divorce under Sec. 13(1)(1-B) of the Hindu Marriage Act, 1955.

(3.) On notice, the Respondent-Defendant-husband appeared and filed his written statement, wherein he has claimed that the matrimonial suit as framed was not maintainable. He further claimed that the Appellant-Plaintiff did not plead any lawful ground for decree of divorce. He has admitted the marriage with Appellant-Plaintiff, but he denied the allegation of demand of dowry. It is also claimed by the Respondent-husband that the matrimonial life was harmonious and two children were born out of the wedlock. It is further claimed that the Respondent-husband made the Appellant-wife well educated and also made her eligible to be selected in Bihar Police on the post of Lady Constable. He has denied all the allegations regarding cruelty and demand of dowry or living adulterous life. It is further claimed by the Respondent-husband that after being selected in Bihar Police, the Appellant-wife became financially independent and developed disregard for the Respondent-husband and his family members. He has further stated that by availing different kind of leave, she could have met the children and her husband to maintain matrimonial and family life in proper way. He has denied that he ever snatched the salary of the Appellant-wife. It is also claimed by the Respondent- husband that the Appellant-wife is selfish and she has no regard and love for her children and she never takes care of her children and spends any money on them or on their education and well being. It is the Respondent-husband, who is taking care of the children and taking all efforts for their proper education. It is further claimed that on account of earning money independently, the Appellant-Plaintiff-wife wants to get rid of the Respondent-husband. It is also claimed that by filing false criminal case, she is collecting false evidence for decree of divorce.