GOPAL PRASAD SAH Vs. PREMLATA JAISWAL

JUDGEMENT

(1.) Service of notice to respondent-Premlata Jaiswal was completed on 20/9/2023. Notice is stated to have been received by her father. Jointness petition was filed and it was accepted by this court. Neither she appeared nor through any counsel. It is to be noticed that before the Family Court also she remained absent.

(2.) The present appeal is directed against the judgment and decree dtd. 19/1/2022 passed in Matrimonial (Divorce) Case No. 346/2015 by the Court of Additional Principal Judge, Family Court, Patna, whereby and whereunder the learned trial court has dismissed the divorce petition filed by the appellant under Sec. 13 (I)(i-a) and (i-b) of the Hindu Marriage Act, 1955.

(3.) Briefly stated facts of the appellant's case is that the marriage of the appellant was solemnized on 3/12/1998 with the respondent at Patna according to Hindu Rites and Customs. It is claimed that the Respondent went to her matrimonial house at Sahibganj where the appellant resided with his parents and was working as an Assistant at Life Insurance Corporation of India. It is further claimed by the appellant that respondent was adamant to have separate accommodation without any rhyme and reason. When separate accommodation was taken on rent, the elder brother-in-law of the respondent started visiting the respondent in the absence of the appellant during his working hours. When the same was enquired about, the respondent made quarrel with the appellant, causing mental agony to him. After passage of time, the respondent blessed with female child on 28/3/2000. After birth of the child, respondent pressurized the appellant to settle in Patna and the same was denied by the appellant. The appellant tried his best to pacify the relation with the respondent but all went in vain as she was adamant to settle at Patna. On 6/8/2001, the respondent went to her maternal house. When the appellant visited the respondent at Patna to bring her back, same was reciprocated by the respondent. It is alleged that respondent became aggressive and started threatening the appellant and his parents to implicate them in false case of dowry for which she filed an Informatory Petition No. 129/2001 dtd. 25/9/2001 before the learned C.J.M., Sahibganj. It is further alleged that respondent finally went to her maternal house on 28/10/2001 i.e. approximately two months after returning, without giving any reasonable explanation to the appellant thereby deserting the appellant and putting an end to the matrimonial relationship. Appellant filed another informatory petition no. 149/2001 dtd. 29/10/2001 regarding act of desertion on the part of respondent. It is claimed that upon returning to her maternal house, the respondent filed a false Complaint Case No. 708(C) of 2002 on 27/6/2002 under Sec. 498A/34 of the Indian Penal Code and Sec. ' of the Dowry Prohibition Act against the appellant and his family members at Patna with the sole intention to cause harassment and mental agony to the appellant. It is further claimed that despite filing of the aforesaid case by the respondent, appellant made an attempt to reconcile his relationship with the respondent and he had filed a Matrimonial Case No. 78 of 2003 before the learned Principal Judge, Family Court, Patna under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and the case was dismissed vide order dtd. 30/7/2012. Respondent filed Maintenance Case No. 63 (M) of 2004 before the learned Principal Judge, Family Court, Patna with the intention to harass the appellant and the concerned court is directed the appellant to pay a sum of Rs.12,000.00 in favour of the respondent and Rs.6,000.00 in favour of daughter towards maintenance. The appellant was also directed to pay a lump-sum cost of Rs.10,000.00 to the respondent. It is claimed by the appellant that upon failure of all the possible steps to reconcile the marriage with the respondent, the appellant left with no other option but to file Divorce Suit No.04/2014 before the learned Principal Judge, Sahibganj and the same was transferred to Patna by the Hon'ble Supreme Court in Transfer (Civil) No.819/2014 vide order dtd. 27/1/2015 filed by the respondent.