RENU RAI Vs. BUDDHA KUMAR RAI

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment and Decree dated 06.02.2014 passed in Family Court (Civil) Case No. 55 of 2013 by the Judge, Family Court, South & West Sikkim at Namchi. By the impugned Judgment and Decree, a petition filed by the Respondent/Plaintiff (husband) under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 has been allowed and a Decree of Divorce has been granted in his favour.

(2.) THE marriage between the parties took place in December, 1999. After their marriage, they were residing at Sumbuk, Kamarey, South Sikkim. They have a son, namely, Ujjal Rai, aged about 12 years. The Respondent (husband) filed the petition, inter alia, pleading that he was treated with cruelty by the Appellant (wife). Many instances of cruelty were pleaded in the plaint. According to him, the Appellant used to pass indecent comments using vituperative words over trivial issues and was always quarrelling with him without any rhyme or reason. She was unnecessarily humiliating him by passing undermining remarks and on quarrel causing violence and creating unhealthy atmosphere in day to day life. The Respondent further alleged that the Appellant used to take money from him citing many false reasons and spend all the money lavishly in luxury. When it was objected by him, she used to quarrel and become violent. The Respondent further contended that since June, 2013, the Appellant started residing separately in the canteen run by her, fully ignoring household responsibilities. The Respondent further pleaded that the Appellant had developed extra marital affairs with one Jeewan Rai, a Namchi based businessman. The Respondent also pleaded that on 05.09.2013, the Appellant had filed a Private Complaint (Domestic Violence) Case No. 20/2013 falsely, implicating him, but on 31.10.2013, the same was disposed of as withdrawn. On these accounts, the Respondent pleaded that the Appellant has treated him with mental and physical cruelty and a Decree of Divorce may be granted.

(3.) THE learned Judge, Family Court mainly framed two points for determination. First, whether the Appellant has treated the Respondent with cruelty? and second, whether the Appellant had voluntary sexual intercourse with any other person (apart from the Respondent)?