RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:
1. Heard Mr. Gautam Kumar Pandey, learned counsel for the appellant. None appears on behalf of the respondent.
2. This appeal is directed against the judgment dated 11.11.2022 passed by Shri Yogesh Kumar, learned Additional Principal Judge, Additional Family Court, Hazaribagh in Matrimonial Suit No. 71 of 2021 whereby and whereunder the suit preferred by the appellant for dissolution of her marriage with the respondent has been dismissed.
3. For the sake of convenience both the parties are referred to in this judgment as per their status before the learned trial court.
4. The petitioner (appellant herein) had filed a suit for dissolution of her marriage with the respondent (respondent herein as well) under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 in which it has been stated that the marriage of the petitioner and the respondent was solemnized on 09.04.2003 as per Hindu rites and customs and after the marriage the petitioner started residing at her matrimonial house at village Dhowaiya, P.O. Bariyath, P.S. Ichak, District Hazaribagh, where she resided peacefully for a few months. During the stay at her matrimonial house, the respondent started physical and mental torture upon the petitioner for non-fulfillment of an amount of Rs. 1 Lakh and the respondent was ousted from her matrimonial house. Since the matter was pacified at the instance of the parents and relations of the petitioner, she returned back to her matrimonial house, but the torture upon the petitioner continued unabated. It has been stated that the respondent after getting drunk used to assault the petitioner. A Panchayati was held and a direction was given by the Panches to the respondent not to commit assault upon the petitioner. The couple were thereafter blessed with four sons who all are studying in school. It has been stated that in the year 2018, the uncle (Mausa Sasur) of the petitioner came who after some time started committing torture upon the petitioner and had also on several occasions attempted to establish physical relationship with the petitioner. On refusal to accede to such demands, the petitioner was subjected to torture and she was compelled to take poison, but was somehow saved and later on the petitioner had given an application to the Superintendent of Police, Hazaribagh on 18.07.2020. The respondent had deserted the petitioner from 20.12.2018 and since then the petitioner and the respondent are residing separately. The respondent never visited the petitioner and also did not provide any maintenance to the petitioner. The respondent after ousting the petitioner has kept the children with him. The continuous cruelty committed upon the petitioner by the respondent and her desertion has led to the filing of the suit for dissolution of marriage. Despite valid service of summons, the respondent did not appear to contest the suit and the suit proceeded ex-parte.
5. The petitioner has examined three witnesses in support of her case including herself.
6. P.W.1 Manju Devi is the petitioner who has stated that her marriage was solemnized with the respondent on 09.04.2003 and after marriage she started residing at her matrimonial house and for 6-7 months she was properly treated by the respondent and her in-laws. After the said period, a demand of Rs. 1 Lakh was made as dowry by the respondent and her in-laws and she was subjected to mental and physical torture.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpOjaeWfy70C25bzGwKxQPNkUqFvp8VO0px7UxxNl2ARA&caseno=FA/7/2023&cCode=1&cino=JHHC010008582023&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
