RANCHI, India, Nov. 6 -- Jharkhand High Court issued the following order on Oct. 6:
1. The instant appeal has been filed on behalf of the appellant under Section 19(i) of the Family Court's Act, 1984 against part of the impugned judgment and decree dated 11.07.2023 [decree signed on 18.07.2023] passed by the learned Principal Judge, Family Court, Jamtara in Original Suit No.36 of 2021, whereby and whereunder, while decreeing the said suit, the learned Family Court has directed the appellant to pay Rs. 12,00,000/- as permanent alimony and Rs. 20,000/- towards arrears of interim maintenance, i.e. total Rs. 12,20,000/- to the respondent through Demand Draft.
Factual Matrix
2. The brief facts of the case are referred herein as under:
The marriage between the parties was solemnized on 27.06.2019 as per Hindu rites and rituals. Following the marriage, the parties established their matrimonial residence in Mumbai where the appellant found the respondent to be an intemperate and foul mouth lady and she was physically unfit and despite his requests she did not agree to visit any doctor and concealed the reports of the doctor(s). After marriage, the respondent did not develop any love and affection with the appellant and her behavior became intolerable. The respondent used to disclose that her father ruined her life by getting her married to the appellant. She used to abuse the appellant. In October, 2020, they came back to native village where she did not like to stay with the parents of the appellant. In January, 2021, the respondent visited Ranchi and Rourkella for check-ups, but she concealed the reports. On 09.02.2021, she left her matrimonial house and despite hectic attempts, she did not return back. Therefore, Original Suit No. 36 of 2021 has been filed by the appellant-husband for decree of divorce.
3. Notice was issued to the respondent-wife who appeared and filed her written statement. Thereafter, altogether six issues have been framed by the learned Family Judge which are as follows:
(i) Whether the suit maintainable in its present form?
(ii) Whether there is any valid cause of action for the suit?
(iii) Whether the respondent (wife) is legally married wife of the petitioner?
(iv) Whether the respondent (wife) has treated the petitioner with cruelty?
(v) Whether the respondent has deserted the petitioner for a continuous period of not less than two years?
(vi) Whether the petitioner is entitled to the relief claimed or any other relief?
4. The evidences have been laid on behalf of both the parties.
5. Thereafter, the judgment dated 11.07.2023 has been passed by the learned Principal Judge, Family Court, Jamtara allowing the Suit by holding that the marriage solemnized on 27.06.2019 between the parties stands dissolved from the date of the decree under the provisions of section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 and, the petitioner (appellant herein) is directed to give Rs. 12 lacs only to the respondent as permanent alimony + Rs. 20,000/- towards arrears of interim maintenance i.e. total Rs. 12,20,000/- through demand draft and there shall be no relationship of husband and wife in between the parties and the decree was signed on 18.07.2023.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpEROuvGK4yrwqYzbIgBHeMTFqlWNjnd455SNb90eumwf&caseno=FA/224/2023&cCode=1&cino=JHHC010306652023&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
