RIMA DAS Vs. PRADEEP KUMAR DAS

JUDGEMENT

(1.) The instant appeal under Sec. 19(1) of the Family Court Act, 1984 is directed against the judgment dtd. 6/7/2020 and Decree dtd. 15/7/2020 passed by the learned Additional Principal Judge, Family Court, Jamshedpur in Original Suit No. 344 of 2017, whereby and whereunder, the petition filed under Sec. 10(ix)(x) of the Divorce Act, 1869 by the appellant/ defendant seeking a decree of divorce against his wife, has been allowed. Factual Matrix

(2.) The brief facts of the case leading to filing of the divorce petition by the respondent/ plaintiff needs to be referred herein as under: The marriage between the appellant/defendant and respondent/plaintiff was solemnized on 27/12/1996 according to Christian rites and customs. Thereafter, the appellant/defendant came to the house of respondent/plaintiff and started residing with him, their marriage was consummated and out of the said wedlock, they are blessed with two sons namely Obed Kumar Das and John Paul on 23/10/1999 and 27/5/2007 respectively. The further case of respondent/plaintiff that after few months of marriage, the behavior of appellant/defendant abruptly changed and she started behaving differently, losing her interest in the respondent/plaintiff and stopped taking interest in kitchen and other necessities of her husband. The further case of respondent/plaintiff is that appellant/defendant used to go out from the house without giving any knowledge and information of her whereabouts and she used to remain out for 2-3 days. On asked by the respondent/plaintiff for her unwarranted and unnecessary movements, she used to retort very rudely and bluntly and arrogantly said the respondent/plaintiff not to interfere in her private life. The further case of respondent/plaintiff is that mother of appellant/defendant had written a letter to the appellant/defendant in Bengali, in which, she had instructed the appellant/defendant to keep the respondent/plaintiff under her control, so that, he would always act and move as per her wishes. Appellant/defendant followed the instruction of her mother and always wanted to dominate over the respondent/plaintiff and she tortured the respondent/plaintiff both mentally and physically and she did not cooperate in his bed, due to which, respondent/plaintiff became mentally sick and physically shattered and he became a patient of diabetes and blood pressure. The further case of respondent/plaintiff is that he came to know from his younger son John Paul Das that appellant/defendant was knowingly and intentionally mixing some harmful medicine in his food to cause him physical harm, so that he may die before time. Being disgusted and frustrated by the misbehaviour and misconduct of appellant/defendant, the respondent/plaintiff had given an application to Lok Adalat, Kharangajhar informing them about the inhumane cruel and rude behaviour of the appellant/defendant, upon which, a notice was sent to her by them, but it did not fetch any fruitful result. The respondent/plaintiff tried his best to adjust and accommodate with the appellant/defendant, but appellant/defendant did not respond it. The respondent/plaintiff was the Secretary of Beldih Church School, Jamshedpur and to establish good and harmonious relation with appellant/defendant, the respondent/plaintiff got her appointed as a Teacher in Beldih Church School, in spite of that, she did not reciprocate and improve her conjugal relation with respondent/plaintiff rather she behaved with the respondent/plaintiff more arrogantly and with cruelty and cut off all relation with the respondent/plaintiff and badly influenced his elder son Obed Kumar Das and poisoned his ear against him and started residing separately in other part of the residence of respondent/plaintiff under the same roof, since October, 2014 by deserting the plaintiff and even she did not allow the respondent/plaintiff to have sexual relation as a husband. The appellant/defendant wants to grab the properties of respondent/plaintiff, so, she wants him to die early. She used to give all sorts of maltreatment and mental and physical torture upon him and she also lodged a false complaint against him at Mahila Police Station and he was called at the police station and the police after being satisfied with the respondent/plaintiff, subsided the matter. Appellant/defendant also threatened the respondent/plaintiff to send him to jail by lodging a false case against him, due to which life of the respondent/plaintiff has become miserable like hell and he was deserted by appellant/defendant for more than two years as she has deprived the respondent/plaintiff from all conjugal happiness including sexual relation. Thereafter being aggrieved with the conduct of appellant the respondent husband had preferred a suit being Original Suit No. 344 of 2017 under Sec. 10(IX)(X) of the Divorce Act 1869. In the divorce suit, the appellant-wife has appeared and filed her written statement denying all the allegations levelled against her by her husband. The learned Family Court after taking into consideration the pleading had allowed the prayer for dissolution of marriage as prayed by the respondent/plaintiff. Against the aforesaid order, the instant appeal has been preferred.

(3.) It is evident from the factual aspect that the appellant/petitioner had a motion by filing a petition under Sec. 10(ix), (x) of the Divorce Act, 1869 for decree of divorce on the ground of desertion and cruelty respectively.