PUNITA SINGH Vs. RAJESH KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal has been preferred by appellant-wife against the judgment and order dtd. 23/6/2021 and decree dtd. 30/6/2021 passed by learned Additional Principal Judge, Family Court, Katihar in Matrimonial Suit No. 362 of 2017 whereby and whereunder the divorce petition filed by the respondent-husband has been allowed on the ground of cruelty. The marriage solemnized between appellant-wife and respondent-husband on 28/6/2010 had been dissolved. The respondent-husband has been directed to pay Rs.5.00 lakhs as permanent alimony to the appellant-wife within two months.

(3.) The case of respondent-husband is that marriage between the parties solemnized on 28/6/2010 as per Hindu rites and customs and after marriage the appellant-wife resided only 14 days at her matrimonial house thereafter, returned back to her parental home and started living therein. It is alleged that the wife demanded to live separately from the joint family and did not fulfill her duty towards her bedridden father-in-law who was suffering form paralysis. Since, 2nd week of July, 2010 she completely spoiled matrimonial tie and refused to return to her matrimonial house to lead conjugal life with her husband. She made false allegations against the respondent-husband and his family members and filed criminal case bearing Complaint Case No. 2571 of 2015 against them. On the direction of learned S.D.J.M., Katihar, the appellant-wife came to her matrimonial home on 29/3/2017 and after that she used to threaten them to send them to jail by making false allegation. She also insulted the respondent-husband and his father by hurling abusive language. She had stated that she came there with the said purpose only and she returned to her parental home on 24/4/2017. Due to false allegation, the respondent-husband remained in jail custody from 26/4/2017 to 22/5/2017 leading miserable life. The conduct of appellant-wife comes under the category of extreme cruelty and she also deserted the respondent-husband.