BIBEK KUMAR JAISWAL Vs. SHABNAM JAISWAL

JUDGEMENT

(1.) Heard the parties.

(2.) The present appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 impugning the judgment and decree dtd. 18/1/2020 passed by learned Principal Judge, Family Court, Supaul in Matrimonial (Divorce) Case No. 21 of 2015, whereby the matrimonial suit, preferred by the appellant Vivek Kumar Jaiswal, seeking dissolution of marriage, has been dismissed.

(3.) The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with respondent was solemnized on 1/3/2000 as per Hindu rites and customs. After marriage, the respondent came to the house of appellant and they started living together as husband and wife. The marriage was consummated however, no child was born out of the wedlock. After the marriage the respondent complained about her unusual menses cycle and during the intercourse she complained acute pain in her stomach and told to have suffering pain since last two years and thereafter the appellant requested his parents-in-law to make consultation with the doctor and accordingly the respondent was medically examined by Dr. D. Singh at Patna who after examination disclosed that it is a case of surgery as cyst has developed on the placenta of the ovary. Further case is that in June, 2008, the appellant took away the respondent along with her brother to Patna and on 23/6/2008, the respondent undergone surgery and in November, 2008 the respondent began to vomit and thereafter the appellant consulted the doctor at Kishanpur Hospital and thereafter Dr. Narayan Kumar Das, Supaul and lastly the respondent remained under the treatment of Dr. A. K. Verma who found the case of intestinal obstruction and advised surgery and the second surgery was done by Dr. Motilal Singh at P.M.C.H. Patna. Further case is that thereafter the respondent developed further complication and the respondent was treated at several places and the respondent was also sent to the camp of Yog Guru Ramdev but to no effect. The respondent was also shifted to the emergency unit of Dr. A. I. Hai and for sometime the respondent was kept in I.C.U. and the respondent was also taken away to the infertility center, Silliguri (West Bengal). Further case is that despite of passing of 12 years, the respondent has no pregnancy and the appellant was blamed for being impotent and the blame of impotency caused serious mental anxiety to the appellant as it was a false allegation. Further case is that since 2008 to 2014 the respondent remained under treatment and the behavior of the respondent was not normal and she was giving tooth bite and slap to the appellant and weeping aloud using abusive languages etc. On 26/6/2014, the appellant and the respondent both were admitted in the institute of reproductive medicine, Salt Lake City, Calcutta. The appellant tendered himself for fertility analysis where the linear movement of sperm was found actively good. The appellant suffered mental, physical and economical loss in the aforesaid process. However, instead of understanding the pain and grief of the appellant, the respondent tried to put pressure upon him to part his share from the joint family property and get it transferred in her favour. The respondent compelled the appellant to transfer Rs.5,00,000.00 which he handed over to her father and got a sale deed registered for a piece of land at Simrahi Bazar in her name. The respondent forcibly took possession of a flat at Lohiya Nagar, Simrahi by dispossessing the tenant and also threatened the appellant. The respondent has deserted the appellant without reasonable cause and without the consent and has extorted the earnings of the appellant and all the ornaments gifted by the appellant to the respondent has been handed over to the parents of the respondent for ulterior motive. The marriage of the respondent was solemnized with the appellant on false representation and fraud as the respondent and her parents had knowledge of the fact of the sexual and the productive disability of the respondent and now after 15 years of marriage when respondent knew the fact of inability to conceive and to give birth to any child, she has become violent against the appellant and used to abuse and assault upon the appellant making the life of the appellant miserable. Since the last 15 years, the appellant has devoted himself for the treatment of the respondent with tolerance. The appellant has been terminated from his service. The matrimonial relation between the appellant and respondent has already irretrievably broken down and there is no hope of restoration of their conjugal life. Hence, the divorce petition was filed for dissolution of marriage between the parties