RAJU VISHWAKARMA Vs. SEEMA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 29.9.2016 and 3.10.2016 respectively passed by the Additional Principal Judge, Additional Family Court, Dhanbad in Title Matrimonial Suit no. 99 of 2012 whereby and whereunder the learned court below has been pleased to dismiss the suit brought by the appellant against the respondent u/s 13(ia) (ib) of the Hindu Marriage Act, 1955.

(2.) The case of the appellant is that the marriage of the appellant was solemnized with the respondent on 9.7.2003 as per Hindu rites and customs and they were living together as husband and wife at Patherdih and one child Raj Roshan was begotten. It was alleged that since more than two year respondent did not perform any matrimonial relation and she has not been giving food etc. to the appellant for more than three years and she is also not obeying any instruction given by the appellant. It was also alleged that respondent with the help of her company used to beat the appellant, she used filthy language against the appellant, she shut the appellant inside the room from outside and due to misbehavior respondent is not able to lead a normal life with the appellant and it amounts to cruelty. According to petition of the appellant, cause of action for the present suit arose on 15.11.2003.

(3.) The respondent appeared and contested the suit by filing a written statement admitting the factum of marriage with the petitioner. It was pleaded that there is no cause of action for the present suit as against the answering respondent. It has been pleaded that after the marriage, appellant and his family members regularly started torturing the respondent for demand of Rs. 2 lacs for the purpose of joining of appellant in railway service in place of his father and whenever same is denied by respondent the appellant and his family members used to assault her. It is further stated that respondent became pregnant in the year 2010 and due to the regular assault, she suffered abortion. It was also alleged that on 5.5.2010 appellant brutally assaulted the respondent and after snatching all the ornaments, he ousted her with her newly born baby. So respondent with the help of a neighbor went to her parent. Thereafter the matter was reported to S.P., Dhanbad on 6.2.2011 and with the intervention of Mahila Police, Dhanbad, petitioner took respondent with him after giving an undertaking that he would keep his wife with full dignity but again petitioner and his family members started assaulting and using filthy language against respondent for demand of Rs. 2 lacs therefore, respondent filed C.P. Case no. 2716 of 2012 u/s 498A and other sections of IPC against appellant and his family members at Lakhhisarai which resulted into Lakhisarai P.s. case no. 359 of 2012. The further case of respondent is that she wants to live with the appellant along with her son because she wants to live a happy conjugal life with her husband but petitioner is not ready to live with the respondent. On such ground, prayer was made for dismissal of the suit.