RANJEET KUMAR SINGH Vs. KALYANI DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Appellant is the husband aggrieved by the dismissal of the Original Suit No. 9 of 2011 vide judgment dated 25.6.2016 passed by learned Principal Judge, Family Court, Chatra, whereunder his petition seeking dissolution of marriage with the respondent-wife on grounds of cruelty in terms of Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 has been dismissed.

(3.) Petitioner pleaded before the learned Family Court that his marriage was solemnized with the respondent on 19.5.2005 as per Hindu rites and customs in the district of Chatra. They started living together and matrimonial obligations were fulfilled. After fifteen days, brother of the respondent-wife took her to her parents' house. On 25th August, 2005 he took her to village Litta. He is the only son of his parents. His father on retirement from colliery, received an amount of Rs. 8 lacs as retirement benefits which was deposited in State Bank of India, Branch, Itkhori in the joint name of his father and mother. On her request, her in-laws opened two fixed deposits in the joint name of both the spouses for a sum of Rs. 2 lakhs each in State Bank of India, Itkhori Branch bearing receipt Nos. 0793615 and 0793616. On the same day T.D.A. No. 0793614 for a sum of Rs. 4 lakhs was issued in the name of his father and mother. The two original TDA certificates were in custody of the petitioner. However, respondent with ulterior motive went to her parental house without his knowledge on 24th September, 2005 along with her brother and took away both the original TDA receipts including her ornaments and belongings. He tried to bring her back but her parents misbehaved with him. He sent a legal notice on 23.7.2007 asking her to come back and resume matrimonial relationship within two months but she did not respond. Petitioner alleged that her conduct had caused mental and physical torture. She also instituted an FIR on 1st October, 2008 under section 498 A of the IPC r/w section ¾ of the Dowry Prohibition Act against him and his family members alleging demand of dowry of Rs. 50,000/- in cash and a Hero Honda motorcycle. However, on investigation charge-sheet was submitted only u/s. 498-A, IPC as no case was made out u/s. ¾ of the Dowry Prohibition Act. Petitioner and his parents had to take bail which has caused serious mental torture and cruelty upon them. Respondent has got the TDAs converted in her own name without consent and signature of the petitioner which had caused him serious monetary setback. He had instituted complaint case in the court of CJM, Chatra against the Branch Manager for his high handedness. On 16.3.2011 respondent was requested to come to Chatra Court but she flatly refused to live with him and threatened to implicate him and his family members in several false cases. She and her mother have been eying her father's money deposited in the joint name and therefore have instituted false case. On 18.3.2011 respondent had also instituted complaint case No. 71 of 2011 alleging second marriage with one Tanu Devi against the petitioner. Respondent does not intend to live with him and therefore, having no alternative he has sought dissolution of marriage.