PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:
Heard the parties.
2. The appellant has come up in this appeal against judgment and decree dated 30.06.2016 passed by the learned Principal Judge, Family Court, Gaya in Matrimonial Title Suit No. 92 of 2016, whereby the petition filed by the respondent-husband under Section 13(1)(i-a)(i-b) 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 respondent-husband was directed to deposit Rs. 10 lakhs as fixed deposit in favour of his minor daughter Ananya for her marriage and other purposes which was to be withdrawn by her at the time of any exigency with the permission of the Court.
3. Succinctly, the marriage of appellant was solemnized with the respondent on 09.06.2009 as per Hindu rites and ceremonies. The marriage was duly consummated and a female-child was born out of the wedlock.
4. The pleaded case of respondent-husband in his petition filed under Sections 13 (1)(i-a)(1-b) of the 1955 Act was that his marriage was performed with the appellantwife on 09.06.2009 as per customs and traditions prevailing in the community in presence of their elders and well wishers without any dowry. At the time of marriage, the respondent-husband was working at Gurgaon while the appellant-wife was working in Bank of Baroda at Muzaffarpur, Bihar. The appellant-wife got herself transferred at Gurgaon Branch of her bank and kept working there till March, 2010 and they enjoyed their married life at Gurgaon until the parents-in-law of the respondent-husband started unnecessary interfering in their marital life with an intention to reside permanently with them. However, the respondent-husband tried his best by providing all domestic comforts, but their interference in the marital life of both parties, created more misunderstanding in between them. It has further been pleaded that the appellant-wife took maternity leave from 08-03-2010, in her 7th month pregnancy, extended up-to 31- 03-2011 and the respondent-husband provided all necessary comforts to her during her pregnancy and on 15th May, 2010, she gave birth to a female child namely Ananya at Apollo Cradle Hospital, Gurgaon, where all the expenditures worth Rs. 1 lakh was incurred by the respondent-husband himself. The appellant-wife always tried to stay her parents at her matrimonial home as per her parent's wish and after the birth of the baby-girl their interference increased. On several occasions, the appellantwife threatened him that she would take a separate house near her work-place and would live with her parents separately, if he does not agree to keep her parents at his house. The appellant-wife always followed blindly the advice of her mother which was against his wishes. In September, 2010, the respondent-husband had to shift to Hyderabad to join as Operations Head at M/S Spandana Sphoorty and he joined there and on his request appellantwife also joined him at Hyderabad in the month of October, 2010 during her leave. It has been further pleaded that in his new job at Hyderabad, his work timing and commitments at work had increased and the appellant-wife, instead of understanding the changed situation, started suspecting and casting baseless aspersions on his character. On the night of 04-02-2011, the appellant-wife along with her mother argued with the respondent using abusive language and raised baseless serious questions on his character. The appellant-wife left her matrimonial house on 31-03-2011 with all her belongings along with daughter Ananya and she has also taken away the golden ornaments worth Rs. 15 lacs of respondent's mother along with his personal belongings in his absence:
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MiMxMTE2IzIwMTYjMSNO-6nD1eQwBMSQ=
Disclaimer: Curated by HT Syndication.
