SUMAN DEVI Vs. NIKESH KUMAR

JUDGEMENT

(1.) By Court: Heard learned counsel for the appellant and learned Senior Counsel for the respondent.

(2.) Appellant is the wife aggrieved by the judgment and decree dated 09.08.2012 passed in M.T.S. No. 121 of 2006 by the learned Principal Judge, Family Court, Hazaribagh, whereunder the matrimonial suit instituted by the petitioner-husband/respondent herein for dissolution of marriage on grounds of cruelty and desertion as per Section 13(1) (i-a)(i-b) of the Hindu Marriage Act, 1955 was allowed.

(3.) The parties entered into marriage as per Hindu rites and customs on 08.12.2004 at Barkakana, Ramgarh. The wife on coming to her matrimonial home, refused to celebrate the first night which was stated to be the saddest night in the life of the petitioner. All attempts to persuade her failed. She had an ulterior motive to create tension in the family and ultimately succeeded in it. She always used to castigate the petitioner and was of indisciplined character. She had no values for the moral of the family life. She used to appear naked in front of his elder brother and brother-in-law which put everyone to shame. She did not gave due respect to the elders in the matrimonial house. Petitioner had a good academic career. He had passed B.Sc with Mathematic honours in 1st class and had also appeared before the Union Public Service Commission. Though, he qualified in the written test but could not compete in the interview due to mental agony caused by her. The petitioner and his family members were duped at the time of marriage by making to understand that she is student of intermediate which later on turned to be completely false. She had no academic qualification and could not write a sentence in Hindi. A Xerox copy of the writing of the respondent was enclosed for perusal of the court to prove that. When all these behaviours were complained to her father, she admitted her guilt and promised to reform herself but did not amend her even thereafter. The consent of the petitioner had been fraudulently taken at the time of negotiation for marriage. Whenever the respondent stayed in her matrimonial home, she did not show any love or affection towards him rather used to insult him regularly and openly. She used to appreciate the physical features of other persons while taunting the petitioner on his physical appearance. She used to keep sharp blade with her during night and used to say that whenever the petitioner would touch her body, she would cut her nerve and implicate him in serious case. Being disappointed by her continued behaviour, he lodged a complaint before the Mahila Samiti at Gola which convened a meeting in presence of villagers on 10.11.2005. Members of Mahila Mandal tried to make her understand but she refused to live with him. A videography was also done of the proceedings. Lastly, he gave a written complain before Gola Police Station on 12.11.2005 which was entered in Station Diary as Sanha and a copy of it was handed over to him marked as Ext.-1. On 11.11.2005 approximately after one year of marriage, he came to the matrimonial home along with the respondent and left her at her paternal place. He returned thereafter, since then respondent had been residing at her paternal place. Her continued behaviour of neglect did not permit cohabitation any time during their conjugal life. Therefore, petitioner made a prayer for decree of divorce.