ARUN KUMAR Vs. RAJ SONI DEVI

JUDGEMENT

(1.) The instant appeal under Sec. 19(1) of the Family Court Act, 1984 is directed against the order/judgment dtd. 31/5/2024 passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No. 179 of 2019, whereby and whereunder, the petition filed under Sec. 13(1)(ia)(i-b) of the Hindu Marriage Act, 1955 by the appellant/petitioner seeking a decree of divorce against his wife, has been dismissed.

(2.) The brief facts of the case leading to filing of the divorce petition by the appellant/petitioner needs to be referred herein as under: The marriage of the appellant/petitioner with the respondent was solemnized on 26/2/1996 as per Hindu rites and custom. After marriage, they lived together as husband and wife. Out of their wedlock, they have been blessed with three children. The respondent is never interested to live in his joint family. She never paid respect to her in-laws. His parents are ailing but the respondent never taken care of them. She always tried to create nuisance on trivial issues and wanted to live separately from his family, for which he remained upset. He had to take friendly loan of Rs.3,40,000.00 for performing death ceremony of his parents. The respondent pressurized him to purchase ornaments, for which she tortured him by various means and used to create nuisance and quarrel in the family in presence of guest and he had purchased ornaments for her. In spite of that, there was no changes in her behaviour. Rather she had threatened him to get him killed through his son Ranjeet Kumar and one Awadhesh Yadav. He had listen the conversation between Ranjeet Kumar and Awadhesh Yadav about the conspiracy. The respondent wants to take his P.F., Gratuity and other benefit of his service after getting him killed. He had seen his wife/respondent to be an uncommon situation with Ranjit Kumar but due to insult in the society, he did not make hullah or made complaint anywhere. He is a simple Policeman and an ideal husband. Whereas, his wife/respondent always doubts about his character. She has abused him and assassinated his character with his sisters. The respondent has no interest with him. She is eager to get a heavy amount in her name and she always demanded money of Rs.20,00,000.00 Their children namely Neha Kumar is aged about 23 years, Prince Raj is aged about 20 years and Riya Kumari is aged about 16 years and all are earning members. The son Prince Raj has given blow on his face and other children have insulted him in filthy languages. The wife/respondent is skilled in tailoring work and earn Rs.8,000.0010,000 (approx.) per month. Despite that, he has managed to maintain them by giving Rs.10,000.0015,000/- per month besides other articles such as clothes, laptop and a scooty and household articles. The respondent never supported him to establish relationship of husband and wife between them since 15/11/2016 and till date she has deserted him and since then there is no relationship of husband and wife between them. The respondent is too cruel and he apprehends his life to live with the respondent. Her cruelty and behaviour has defamed him in the society. She is indulged in voluntarily sexual intercourse with Ranjit Kumar. He tried to persuade her but in vain. On 15/11/2016, she left his company and started living with Ranjit Kumar. She came to Bokaro and lived at Sector-4, B.S.City to disturb him. Said Ranjit Kumar has also threatened to kill him. The respondent had given an application to his department levelling false and baseless allegations, which caused him torture, This suit is not presented in collusion with each other. The cause of action is said to be arisen on 26/2/1996 when their marriage was solemnized and on 15/11/2016 when they started living separately.

(3.) It is evident from the factual aspect that the appellant/petitioner had a motion by filing a petition under Sec. 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for decree of divorce on the ground of cruelty and desertion.