OM PRAKASH BHAGAT Vs. GAURI DEVI

JUDGEMENT

(1.) The appellant-husband has questioned the legality of the judgment and order dated 27.08.2015, passed by the learned Principal Judge, Family court, Araria in Matrimonial Suit No. 11 of 2002 whereby an application of the appellant seeking dissolution of his marriage with the respondent filed under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act') has been dismissed. The appellant had sought the decree of divorce on the grounds of cruelty and desertion.

(2.) The marriage between them was admittedly solemnised on 13.07.1994 at the parental home of the respondent at Murliganj in the district of Madhepura. The appellant is a resident of Narpatganj in the district of Araria. The appellant's family has another residential establishment at village Jeebachhpur in the district of Supaul.

(3.) It has been the case of the appellant that nearly a fortnight, after the marriage, the respondent had gone back to her parental home with her brother and it was only on initiative and persuasion of the appellant that the respondent returned to the matrimonial home on 22.02.1995, after a ritual called 'Ruksadi' or 'Bidai' or 'second marriage'. Again, after short stay with the appellant, the respondent went back to her parental home with her brother on 15.03.1995, just before Holi festival, as per the customs. From March 1995 to April 1996, the respondent stayed at her parental home despite persuasion and request made by the appellant but the appellant always showed reluctance in joining the appellant's company. She, however, came to village Jeebachhpur in 1996 where the appellant and the respondent stayed together for some time and went thereafter to Narpatganj. The respondent became pregnant, whereafter she again went back to her parental home with her mother, according to the appellant, without his consent and to his annoyance. A female child was born to them when the respondent was at her parental home, whereafter she came back to village Jeebachhpur. The appellant and the respondent lived together at Jeebachhpur and Narpatganj for nearly 9-10 months. The respondent again conceived. The mother of the respondent was insisting for the respondent being taken to the parental home for better care during pregnancy period despite all facilities made available to the respondent in the matrimonial home. The mother of the respondent, allegedly took her from Narpatganj to the parental home at Murliganj deceitfully, without the appellant's consent and to his grave annoyance and inconvenience. A second female child was born some time in 1998-99. It has been alleged in the application seeking divorce that during this period, when the respondent stayed with the appellant, the respondent's behaviour was abnormal and whimsical with the appellant. It is said that the respondent and her mother behaved with the appellant inappropriately and many a times the appellant was assaulted by the respondent, when the appellant approached her and demanded cohabitation. She declined to cook food 'at time'(sic) and she did not serve meal to the appellant and his parents and 'thus she misbehaved which caused serious difficulties in the family'. The appellant further alleged that the respondent's behaviour and habits were extremely unbearable and she used to go to Murliganj and come back to matrimonial home with her henchman. Since the respondent had created an unhealthy atmosphere because of her conduct, a Panchayati was held on 19.05.1995 and a Panchnama was prepared. The respondent, however, continued with her behaviour, ignoring the terms of Panchnama and withdrew herself from the appellant's society. She was claiming separation by transfer of the property in the house situate in village Jeebachhpur and she, thus, caused mental torture to the appellant, the only son of his parents.