PREM LATA THAKUR Vs. KUMAR ACHYUTA NAND JHA

JUDGEMENT

(1.) The present appeal has been directed against the impugned order dtd. 19/1/2016 and decree dtd. 4/2/2016 passed in Matrimonial (Divorce) Case No. 102 of 2007 by the court of learned Principal Judge, Family Court, Bhagalpur whereby marriage between the parties has been dissolved by passing decree of divorce. Further, the concerned court ordered that appellant is not entitled for permanent alimony/maintenance and also directed the appellant/wife to hand over baby child to the respondent/husband.

(2.) Before delving the factual aspect of the divorce petition filed by the respondent u/s 13 (1)(ib) of the Hindu Marriage Act, 1955, summarizing the background of appellant prior to date of marriage including stories and sub-stories of divorce petition which consists of 35 pages and to cut short the matter, the relevant aspects are being projected which are as follows:

(3.) The written statement has been filed on the behalf of appellant/wife. She admitted the factum of marriage as well as birth of a child and she denied the allegation portion of the respondent's divorce petition and she has stated that respondent's family pressurized for demand of dowry and they assaulted and uttered filthy language to appellant. She has stated the true fact is that the appellant was at her matrimonial home with her husband, father-in-law, brother-in-law and her baby child till 28/8/2007 and the respondent proposed the appellant to go to mother's home to celebrate Raksha Bandhan and appellant relied upon her husband and in-laws, went to her mother's home with her husband and baby child. It is also asserted that on 30/8/2007, respondent came to Rampur and appellant prepared herself and appellant's husband took the baby child in his lap and appellant went to room for changing saree and she did not find her husband and child at gate and respondent switched on the telephone and said that he is in kailashpuri home with child. Immediately appellant came to kailashpuri with younger brother but respondent's father and relatives did not allow appellant to enter into the house. The father and mother of respondent stated that they will solemnize the marriage of his son soon with another girl with huge amount of dowry.