RAM PRAVESH SHARMA Vs. BINDU DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgement and decree dated 3rd June, 2006 passed by the Court of 4th Additional District Judge, Palamau at Daltonganj in Matrimonial Case No. 08 of 2004 whereby the divorce petition filed by the husband-appellant under section 13 of the Hindu Marriage Act and in alternative for judicial separation has been dismissed. The appellant sought decree for divorce on the ground of desertion and cruelty. Learned counsel for the appellant submitted that marriage of the appellant with the respondent was solemnized on 9th July, 2000 and the appellant was unemployed at the time of marriage and the respondent after marriage on 9th July, 2000, came to the house of the appellant on 10th July, 2000 and resided there till 20th August, 2000 and was taken back to her parental house by her brother Kamalkant Sharma where she stayed till her vidai on 22 nd November, 2000. Thereafter, she was taken back by her father on 14th February, 2001 and she stayed with her parents for three months and came back to the appellant's house on 7th May, 2001 and ultimately, from 22nd May, 2001 the respondent is not residing with the appellant.

(2.) There are allegations of cruelty as well as of desertion levelled against the respondent. The respondent filed a written statement and controverted the allegations and she submitted that she is a dedicated wife and maintains all norms of decipline, decorum and decency, however, inspite of slapping and beating and use of abusive language and demand of money and costly items by her in-laws. The respondent alleged that she was forced to live separately. The Trial Court framed the issues and witnesses were examined and after considering the statement of the witnesses produced by the parties, the Trial Court rejected the allgations of the appellant and, therefore, dismissed the divorce petition by the impugned judgement and decree dated 3 rd June, 2006.

(3.) During this appeal, efforts were made for reconciliation which failed and the respondent-wife on 15th March, 2011 submitted affidavit alleging that the appellant has already contracted second marriage with another lady whose name has also been given with full details and identity. The respondent also stated that she has already filed a criminal complaint case before the Court of Chief Judicial Magistrate, Palamau being Case No. C-654/2009 under section 498-A I.P.C. as well as under the provision of Dowry Prohibition Act. She also stated that in another case, maintenance has been awarded to the respondent @Rs.500/- per month and the order of maintenance was challenged before this Court in W.P.(C) No. 1991 of 2005 which has already been dismissed by this Court on 3rd May, 2005. The respondent submitted that in view of contracting second marriage by the appellant, now the respondent also wants to break the marriage tie and wants to get the matter settled. She claimed permanent alimony of Rs.10,00,000/-. We also perused the report submitted by the Conciliation Officer.