RANCHI, India, Aug. 12 -- Jharkhand High Court issued the following order on July 14:
1. The instant appeal under section 19(1) of the Family Courts Act is directed against the judgment dated 11.11.2023 and the decree dated 22.11.2023 passed in Original Suit No.66 of 2020 by the learned Principal Judge, Family Court, Dumka (in short, Family Judge) whereby and whereunder the petition filed by the respondent-wife under section 9 of the Hindu Marriage Act has been allowed.
2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
(i) The marriage of the appellant with the respondent was solemnized on 12.05.2013 according to Hindu rites and customs at Basukinath Temple, Dumka and after marriage they started living as wife and husband at village-Dumaria and subsequently at Saketpuri in Godda District.
(ii) It is pleaded that out of the wedlock the couple was blessed with a male child namely Apurva Jha aged 05 years at the time of filing of Original Suit No.66 of 2020.
(iii) It is pleaded in the plaint that after two months of marriage the plaintiff (respondent herein) came back to the parent's house at village Sukhjora, P.S. Petsar, P.S. Jarumundi, DistrictDumka for performance of 'Madhusrawani' where participation of the defendant (the appellant) was also required but he avoided otherwise. During her stay at Dumaria, her in-laws started torturing her through various methods like taunting her about her looks, upbringing, family background, cooking skills, educational status etc. The taunts increased day by day and verbal abuse in daily life became a regular phenomenon.
(iv) It is pleaded that the verbal torture then led to physical abuse. In the year 2014, the plaintiff's sister-in-law's husband died due to heart attack and in 2018 her father-in-law died due to Blood Cancer. She was branded as an ominous/ill-omened woman who caused deaths in the family. After the death of the plaintiff's father-in-law, the plaintiff and the defendant started residing at another house of her father-in-law at Mohalla Saketpuri, Ward no.7, P.S. Godda Town, District- Godda.
(v) It is alleged that during he stay at Saketpuri the plaintiff was selfemployed as she used to give tuitions to students of primary school which was not liked by the mother-in-law and she forced the plaintiff to stop giving tuitions. The defendant was employed as a computer operator (contact) at Collectorate, Godda. He was removed on charges of discipline and corruption in November, 2019.
(vi) It is alleged that after loss of job, the defendant (appellant herein) became ill-tempered and started torturing the plaintiff citing small excuses. The mother-in-law and sister-in-law used the defendant in causing more mental and physical agony to the plaintiff. In December 2019 while the plaintiff was residing at Mohalla Saketpuri, Ward no.7, P.S. Town, District- Godda the defendant and his mother hatched a conspiracy against the plaintiff by sending her to bring grocery and in her absence, they took plaintiff's 05 years old child to their native place at village Dumaria, P.O. Dumaria, P.S. Muffasil, District-Godda.
(vii) It is alleged that the by that act, the plaintiff was left to die. When the plaintiff tried to meet her child, she was denied entry at her inlaws house at Dumaria. When the father of the plaintiff got the information of the above incident, he brought the plaintiff to village Sukhjora, P.O. Petsar, P.S. Jarmundi, District- Dumka.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpGZBPzOAgctiA%2FIJG6LFTi%2Bu4kkYp3G7i5F%2F9KPRk5Rr&caseno=FA/315/2023&cCode=1&cino=JHHC010438792023&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.