CHANDRESHWAR PRASAD Vs. ANJALI KUMARI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) The appellant-husband is aggrieved by the Judgment and Decree dated 04.12008 passed by the learned Principal Judge, Family Court, Ranchi, in M.T.S. No. 209 of 2005, whereby, the suit for dissolution of marriage between the parties, by a decree of divorce, brought by him in the Court below on the ground of cruelty, has been dismissed on contest.

(3.) The facts of this case lie in a short compass. The marriage between the parties had taken place on 17.04.2003 at Ranchi, according to Hindu rites and customs. It is the case of the appellant-husband that soon after the marriage they went for honeymoon to Puri, in a scheduled programme for six days, but due to short temper and arrogant behaviour of the respondent-wife, they had to cut short the programme and return back only after four days. It is alleged that the behaviour of the respondent-wife towards the appellant-husband and his relatives was irresponsible and even on slightest irritation she used to lose her temper and used to abuse the appellant and his relatives. It is also alleged that the respondent-wife pressurised the husband to transfer the house in her name and she left her matrimonial home on 6.5.2004. The husband went to meet her at her parents' place on 24.08.2004, when he was asked to live as Gharjamai, which was not acceptable to him. After persuasions she came back on 30.08.2004 to her matrimonial home, but her parents took her back on 05.01.2005. She again returned back on the occasion of Holi, and ultimately on 14.08.2005 the respondent-wife left the matrimonial home with bag and baggage, including her Stridhan and jewellery. There is also an allegation of demand of Rs.3,00,000.00 by the respondent-wife on failure of which it is alleged that threats were given to falsely implicate in criminal case. It is also alleged that the respondent and her mother had gone to the house of the appellant-husband for the aforesaid demand and they entered the house of the appellant and committed the theft of Rs.1100.00 kept in the husband's dressing table and Rs.800.00 from the appellant's father's table as also the wrist watch of the appellant. With these allegation the matrimonial suit was filed in the Court below under Sec. 13(1)(i-a) of the Hindu Marriage Act.