RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:
1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 14.12.2021 and the decree dated 10.01.2022 passed in Original Suit No.280 of 2017 by the learned Principal Judge, Family Court, Deoghar (in short, Family Judge) whereby and whereunder the petition filed under section 13(1) (ia) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed.
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 between the parties was solemnized on 2.6.1996 at village-Choutha, according to Hindu Rites and Custom. After the marriage the respondent-wife went to her matrimonial home and started to lead her conjugal life with the appellant-husband. The marriage was consummated and one daughter, namely, Akansha Kumari @ Shishu (aged about 19 years) and one son Shivam Kumar (aged about 13 years) were born out of their wedlock.
(ii) The appellant and respondent lived happily for ten years thereafter respondent started torturing the appellant-husband in various ways with cruelty and she never treated him as husband and in spite of all sort of torturing committed by her, he ignored all the things and wanted to maintain sweet and harmonial relationship with her but she did not amend her cruel behaviour with him
(iii) The father of appellant in his life time at his own income purchased three kathas of land in the name of the respondent by registered sale deed vide no. 2350, S.N.P 1506 dated 31.7.1999 from Nani Gopal Jha in Mouja Chak Shri Mishr Bndh in S.P. Plot no. 78 J, B. No. 9/2 and one Katha purchased on 18.1.2001 in the name of the respondent Vide Sale deed no. 3257 Serial no. 3451 in mouja Rampur Plot no. 304(B) area 1504 Sq. Feet and one katha on 23.11.2002 in mouja Rampur area 3000 Sq. Feet from Nagendranath Chakraborti and Ors vide Sale deed no. 3131. The father of apellant also purchased the land in the name of Sweta Devi wife of Purushottam Singh, who is brother of the appellant on 27.12.2004 vide Sale deed no. 3989 and one Katha in the name of Rashmi Singh wife of Narottam Kumar Singh, who is the brother of the appellant on 24.12.1996 vide Sale deed no. 3802.
(iv) The father of appellant wanted to make partition of the purchased land between his sons, namely, Purshottam Singh, Narottam Singh and Niraj Kumar Singh (appellant herein) but the respondent did not agree for the same and being aggrieved from the proposal of her father-in-law. The respondent started quarreling with her husband and after taking all the ornaments went to her parents' house at village- Choutham alongwith her chidlren in the month of January 2017 and since then she is residing at her parental home.
(v) The appellant tried his level best to resolve the disputes and went several times to house of the respondent but she did not agree for the same. The life of the appellant become hail due to ill behavior of his wife.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfP6ZS2AbOsDPCXP3N6Y9gUobMXzZ7vBubBZkjEsD8tox&caseno=FA/159/2022&cCode=1&cino=JHHC010447092022&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
