PRAHALAD PRASAD Vs. SWETA KUMARI

JUDGEMENT

(1.) The judgment in Original Suit No.243 of 2013 (in short, "Divorce Suit") has been challenged by the husband of Sweta Kumari by filing the present First Appeal under Sec. 19(1) of the Family Courts Act, 1984.

(2.) The Additional Family Court Judge at Ranchi has dismissed the aforementioned Divorce Suit instituted by Prahalad Prasad, the appellant, under Sec. 27(1)(d) of the Special Marriage Act, 1954 for a decree of divorce by dissolution of his marriage solemnized with Sweta Kumari on 23/6/2012 before the Marriage Registrar at Ranchi.

(3.) The appellant has pleaded that on 12/2/2012 his parents visited the house of the respondent and finalized his marriage with the girl who was shown to them by the parents of the respondent. But on 17/2/2012 a different girl was presented with whom the engagement ceremony was performed. According to him, he did not raise any objection at that time as many friends and relatives were invited on that occasion. Later on, when he started making enquiries the respondent and her parents threatened to implicate him and his family members in false criminal cases if he refused to marry the respondent. The appellant has further pleaded that to put pressure on him and his parents a false criminal case was lodged vide Doranda (Argora) PS Case No. 133 of 2012 on 25/3/2012 under Sec. 3/4 of the Dowry Prohibition Act. Subsequently, a false allegation of attempt to rape under Sec. 376/511 of the Indian Penal Code was added in the said case to put further pressure on him to agree for the marriage with the respondent. However, the charge under Sec. 376/511 of the Indian Penal Code against him was quashed by the Jharkhand High Court by an order dtd. 9/5/2014 passed in Criminal Revision No. 123 of 2014. This order was challenged by the respondent before the Hon'ble Supreme Court by filing a Special Leave Petition which was dismissed on 25/7/2014. The criminal proceeding against his brother in the said case was also quashed by the Jharkhand High Court by an order dtd. 28/1/2015 passed in Criminal Revision No. 116 of 2014. In the meantime, the respondent gave another complaint to the police making allegation against him and his family members of demanding Rs.2.5 Lakhs as legal expenses and Rs.10.00 Lakhs as dowry on the basis of which Jagarnathpur (Pundag) PS Case No.293 of 2014 was registered under Sec. 498-A, 341, 323 and 504 of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act. In that case, after the investigation the police submitted Final Form but the respondent did not stop there and filed a protest petition which is still pending in the Court.