AVINASH SINGH Vs. SUNITA SINGH

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and the respondent.

(2.) This appeal is directed against the judgment and decree dated 6th October, 2015, passed by Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 13 of 1999, whereby and whereunder the suit filed by the appellant-husband against the respondent-wife for dissolution of marriage has been dismissed. The appellant- husband was further directed to take the respondent-wife alongwith sons from her parental house to his home so that they may resume their matrimonial life. It was further directed that in case appellant-husband neglects and refuses to maintain his wife, she would be entitled to get Rs. 8,000/- per month by way of maintenance from October, 2015 payable by 15th day of every succeeding month. The appellant was further directed to pay arrears of pendente lite maintenance up to September, 2015 as per direction given in the order dated 21.11.1999.

(3.) The case of the appellant-husband, in short, is that the marriage between the parties was solemnized on 18.12.1984 as per Hindu Rites and Customs. From the wedlock two sons were born on 14.12.1986 and 18.07.1992. However, soon after marriage, according to the appellant, the respondent-wife started behaving in rude manner with the family members of the appellant. In the year 1986, she is alleged to have even assaulted the mother of the appellant, which created tremendous impact on the mental condition of the appellant. After this incidence, her brother came and took her to Dhanbad where she stayed for three months but after she came back, she again started her cruel behaviour towards all. On complaint made to her parents, her father took her to Hajipur i.e. the place of his posting, where she stayed for six months. It is stated that she came back after 6 months but there was no change in her behaviour. In June, 1989 her younger brother took her to Assam where she stayed for three months and when she came back the appellant got the son admitted in school. Since the father of the appellant died on 18.03.1993 due to shock and cruel behaviour of the respondent-wife, the mother of the appellant went to Mumbai to her sister's place for a change, but when she returned back after three months, the respondent-wife again started torturing her on small issues in the family. The appellant learnt that the respondent was highly influenced by her father's instigation to get the properties of her mother-in-law transferred in her name and for which she also used to provoke the appellant. It is stated that finally the respondent left the matrimonial home on 03.11.1994, on the auspicious day of Diwali, without the knowledge or consent of the appellant and without informing anybody. She also took with her the two children and since then she never returned back to her matrimonial house.