RASHMI SINGH Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) Heard the parties.

(2.) Present appeal is directed against the judgment dated 20.09.2016, passed by the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur in Matrimonial Suit No. 68 of 2008, whereby, the learned Judge has been pleased to order, "That the suit is decreed on contest. Marriage solemnized between the parties on 30.05.1997 is hereby dissolved by a decree of divorce" in favour of the petitioner, respondent now, since it is wholly illegal and without any valid evidence.

(3.) Brief facts of the case of the petitioner husband or respondent herein, was that marriage between the parties was solemnized on 30.05.1997 at Sonari near Ram Janki Mandir, Jamshedpur according to Hindu rites and customs. The parties lived together after the marriage at their matrimonial home at 22/H6, Flour Mill road, Sakchi, Jamshedpur. They were blessed with two sons born on 30.11.1998 and 18.03.2000. It was alleged that respondent-wife or appellant herein, used to quarrel with the petitioner- husband and his family members on trivial matters and she always insisted to the petitioner to leave his parental house and stay at her father's house at Sonari. When the petitioner-husband did not succumb to the demand of the respondent- wife then on 05.09.1999, respondent-wife deserted the petitioner-husband permanently and started living with her parents. The second son was born at TMH on 18.03.2000 during the period of desertion. Petitioner-husband was not even allowed to have a glimpse of his second son. The petitioner tried his best to bring back wife into his life and for the restoration of conjugal life, but all efforts by the petitioner, his parents and common friends were in vain. Thereafter petitioner instituted a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights being Matrimonial Suit No. 56/01 and all efforts of reconciliation was made. However, as per the said case also respondent-wife refused to lead conjugal life with the petitioner. Threat was meted out to the petitioner that he and his family members will be implicated in criminal cases and consequently on 26.04.2001 an Informatory Petition was filed by the applicant. On 31.08.2001 a complaint case bearing No. 945/01 was filed by the respondent-wife against the petitioner and his family members on the allegation of demand of dowry, cruelty and torture. At the intervention of Legal Aid Committee, Sonari, Jamshedpur, there was restitution of conjugal rights on 12.12.2003. However, again on 11.06.2004 respondent-wife deserted the petitioner and since then she is living separately. Originally respondent-wife had deserted the petitioner-husband on 05.09.1999 and on 12.12.2003 there was a restoration of conjugal rights and finally respondent-wife again deserted the petitionerhusband on 11.06.2004. Petitioner was deprived of his marital relationship as well as the company of his children. Petitioner stated that cruelty has been committed by filing a false criminal case and that the respondent-wife had deserted. He had withdrawn the suit for restoration of conjugal rights on 07.03.2003 and finally the present case has been filed for dissolution of the marriage that was soleminzed on 30.05.1997, by a decree of divorce on the ground of cruelty and desertion.