RUPA PAL Vs. SANJAY PAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Wife is the appellant aggrieved by the judgment and decree of divorce dated 18.01.2017 and 27.01.2017 respectively granted on grounds of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act by the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur in Matrimonial Suit No. 301 of 2010 instituted by the petitioner/ respondent-husband.

(3.) Brief facts of the parties as pleaded before the learned Family Court are being referred to hereinafter to appreciate the issue in controversy: Marriage between the parties was solemnized on 15.04.2007 at Kadma, Jamshedpur as per Hindu rites and rituals. They spent conjugal life at village Kulludih, Moubhandar, Ghatshila, District East Singhbhum in the house of the petitioner. Husband alleged cruelty after six months of marriage. She used to taunt him on his personality and his family members. She used to look down upon him even on the factum of his residence as she came from a better locality at Kadma in Jamshedpur. In August, 2008, a son 'Abhisek Pal' was born. However, according to the petitioner, she continued with her ill behaviour and finally left him on 22.09.2009. Thereafter, she has been living at Kadma with her parents and has refused to join his company. She has instituted a case under Section 498A of the Indian Penal Code i.e. Ghatshila P.S. Case No. 97 of 2009, which is still pending. He stated that all his efforts to bring her back failed as she refused to settle the matter. She also filed a maintenance case i.e. Miscellaneous Case No. 72 of 2010.