PRASHANT KUMAR BHAGAT @ BILTU Vs. KALPANA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 10 th September 2007 and Decree dated 27.9.2007 passed by the Court of VIth Additional District Judge, Godda, in Matrimonial Case No. 43 of 2006/19 of 2007 whereby the divorce petition filed by the wife respondent under Section 13 of the Hindu Marriage Act was allowed. The respondent sought decree for divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period of more than one year after the passing of the decree of Judicial separation in the proceeding to which both were parties.

(2.) The learned counsel for the appellant submitted that marriage of the appellant with the respondent was solemnized on 16.4.2001 according to the Hindu religion and custom following all the rituals of a valid marriage at her father's house situated at Mahagama under P.S. Mahagama District Godda, Jharkhand.

(3.) The fact of the case is that after marriage on 16.4.2001 with the appellant (the husband) the respondent went to her matrimonial home on 17.4.2001 with her husband Prashant Kumar Bhagat (the appellant) in his house situated at village Ambey Maruchok, P.S. Muzahidpur, District Bhagalpur and stayed there from 17.4.2001 to 20.4.2001 and on the morning of 20.4.2001 she returned to her paternal house. Further case of the respondent is that the appellant i.e. her husband is a man of bad habit and use to consume wine and he used to come at his residence after consuming wine and also used to assault and abuse her in filthy language and he also made demand of dowry, which started from Rs.10,000/- and went up to Rs.1,00,000/- and on several occasions her husband threatened her and tortured her, the result of which she filed a complaint Case against her husband before C.J.M., Godda and Mahagama P.S. Case No. 109 of 2001 was instituted under Section 498 A of I.P.C. and 3 and 4 of Dowry Prohibition Act and the same is still pending in the court of S.D.J.M. Godda vide T.R. No. 201 of 2006. When she came back to her paternal home, the appellant used to come there and also used to torture and assault her even in her paternal house and she was compelled to file another Criminal case against the appellant i.e. G.R. Case No. 799 of 2001/507 of 2004 and the same is still pending in Court of S.D.J.M. Godda.