PATNA, India, July 2 -- Patna High Court issued the following judgment on June 30:
Heard the parties.
2. The appellant has come up in this appeal against judgment and decree dated 26.03.2021 passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 207 of 2017, whereby the petition filed by the respondent-wife (Ruchi Sharma) under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed and the appellant was directed to make payment of Rs. 15,00,000/-(Fifteen Lakhs) as permanent alimony.
3. Succinctly, the marriage of appellant was solemnized with the respondent on 29th January, 2016 as per Hindu rites and ceremonies. The marriage was duly consummated; however, no child was born from the wedlock.
4. The pleaded case of respondent-wife in her petition under Section 13 (1)(i-a) of the 1955 Act was that her marriage was performed with the appellant on 29.01.2016 in which her parents spent Rs.10-11 Lakh. After marriage respondent went to the house of appellant on 30.1.2016 but appellant instead of establishing normal sex-relation started committing unnatural sexual atrocities and on protest, appellant assaulted and abused her. The appellant, his mother, brother, and Bhabhi started torturing the respondent for dowry of Rs.3 Lakhs cash, motor-cycle, Inverter etc. The appellant also prepared videography of respondent of her unnatural sex relation in naked state, hence the respondent left the house of the appellant on 13.06.2016 and came to her parental house. The respondent, thereafter, filed Complaint Case No. 1030 of 2016 against appellant and his family members on 16.6.2016 under Sections 498A, 377 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act in which cognizance was taken. It is further alleged that after filing of the complaint, the appellant along with his brother and other two persons arrived at the parental house of respondent and threatened to withdraw the case for which Kotwali (Adampur) P.S. Case No.353/16 was lodged on 24.07.2016 under Sections 341, 447, 323, 504, 506, 34 of the Indian Penal Code. The appellant, in order to save his skin has also filed Complaint Case No.1457 of 2016 which was referred to police station and accordingly Kotwali (Tilkamanjhi) P.S. Case No.80 of 2017 was lodged under Sections 364, 447, 341, 323, 504, 380, 120(B) of the Indian Penal Code and Section 27 of the Arms Act in which, the police, after investigation, submitted final form and did not find the case true as against the respondent's side. The respondent being fed up with the atrocities meted out by the appellant, went to Pune to get commercial education but the appellant also reached there and he assaulted her and threatened to withdraw the case. The matrimonial relation between the appellant and respondent has already irretrievably broken down and there is no hope of restoration of their conjugal life.
5. The appellant-husband appeared and filed his written statement and has submitted that the instant case is fit to be dismissed as it is not maintainable either in eye of law or on fact. It is pleaded that respondent has been misguided by Vimmi Sharma who has adopted her. Vimmi Sharma has settled the marriage of respondent with the appellant to take undue advantage and take away the entire property of appellant. All the expenses of marriage were borne by family members of appellant. Not only this, the mother of appellant had offered ornaments worth Rs.10 Lakhs to the respondent which were kept by Vimmi Sharma. The appellant has already filed matrimonial case No. 289 of 2016 under section 9 of Hindu Marriage Act for restitution of conjugal rights and thereafter present suit for divorce has been filed by the respondent. The respondent is very ambitious woman and never rendered her good wishes to her husband and in-laws. The respondent also assaulted her mother-in-law at different times and threatened to transfer the property in her own name. The appellant had never given threat, nor ill behaved, humiliated or quarreled with any in-laws family members and all the allegations made against the appellant-husband are fake with a view to take divorce from him. Hence, the divorce petition is liable to be dismissed.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MiM0MDIjMjAyMSMxI04=-PNElMK--am1--7Rg8=
Disclaimer: Curated by HT Syndication.
