MD. AKBAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present case has been going on since a long time and the case was also referred to the Mediation Centre of this Court, however, the Mediation Centre has also failed to amicably settle the matter between the parties.

(2.) Again an opportunity was given to the learned counsels for the petitioners and that of the opposite party no. 2 to settle the matter, however, on account of obstinate behaviour of the petitioners herein, no outcome could be reached, hence this Court has no option but to consider the matter on merits.

(3.) The short facts of the case are that the opposite party no. 2 had filed Complaint Case No. 442 (C) of 2011 dated 104.2011 against the petitioners herein inter alia alleging therein that her marriage with petitioner no. 1 was held on 18.10.2010 and the parents of opposite party no. 2 had given gifts, articles, cloths, furniture, T.V., washing machines, utensils, fridge and jewelries worth Rs. Five lakhs to the petitioner no. 1 and his relatives. Apart from gifts, several thousand rupees had been given to the petitioner no. 1 including cash. It is further alleged by the opposite party no. 2 that the matrimonial relation was good for about one month but thereafter the first wife of the petitioner no. 1 i.e. the petitioner no. 2 in the present case, came and immediately then the behaviour of the petitioner no. 1 changed and the petitioners started abusing and beating her as well as harassed her mentally and physically. At the time of marriage the petitioner no. 1 and his family members had impressed upon the family members and parents of opposite party no. 2 that divorce has taken place between the petitioner no. 1 and petitioner no. 2 in the past and they do not have anything to do with each other. However, after the petitioner no. 2 came to the house of petitioner no. 1, upon solemnisation of marriage, it transpired that divorce had not taken place in between the petitioner no. 1 and the petitioner no. 2 and his family members had falsely stated that divorce had taken place. The opposite party no. 2, considering the prestige of her family members, continued to tolerate the cruelty being inflicted by the petitioners. Subsequently, the petitioner no. 1 started demanding A.C. car and Rs. 5 lakhs by way of dowry and upon refusal even tried to kill her. It is alleged that the petitioners did not use to give her food. Ultimately on