NISHA RASHMI WIFE OF KAMLESH PANDEY, DAUGHTER OF CHANDRA MOHAN PANDEY Vs. KAMLESH PANDEY SON OF GYAN CHANDRA PANDEY

JUDGEMENT

(1.) By Court Heard learned counsel for the parties.

(2.) Wife is the appellant aggrieved by the judgment dated 20th December, 2016, decree dated 4th January, 2017, passed in Title Matrimonial Suit No. 120 of 2013 by the learned Additional Principal Judge, Additional Family Court, Dhanbad whereunder the suit instituted by the respondent-husband herein for dissolution of marriage on grounds of cruelty in terms of Section 13(1) (i-a) of Hindu Marriage Act, 1955 has been decreed.

(3.) Plaintiff husband pleaded before the learned Family Court that marriage with the respondent was solemnized on 08th July, 2010 as per Hindu rites and customs. The defendant stayed in her matrimonial home for 2-3 days, whereafter, her parents came and took her back. Her behavior was cruel and lacking in love and affection right from the beginning. On the very first night she abused the plaintiff with filthy language, she repeated the same 3-4 times later also. She appeared to be an illiterate having no regard for sentiments, love and respect for the plaintiff. She abused his mother also. He went along with the cousin of the respondent Deepti Pandey (Deepa) to his in-laws' house to air his grievances before her parents and also tried to resolve the dispute but in vain. Defendant threatened him with dire consequences. During that period Deepa and Gourav Pandey, younger brother of the defendant, were also present beside the room and had listened the whole matter. On 25th October, 2012, plaintiff along with his father and elder brother went to the paternal house of the defendant to narrate the entire traumatic incidents to her parents and other family members where she accepted the entire allegation in their presence but when they were asked to bring her back again to clarify the matter they denied to bring her. On 24th January, 2014 her father and other family members of defendant came to the house of plaintiff to settle the matter and continue with the marriage but it was not possible for him as he was very stressed. He was undergoing a feeling of stress and that there were no chances of restitution of his peaceful matrimonial life. As such he had to seek dissolution of marriage through the instant suit.