RANCHI, India, Sept. 8 -- Jharkhand High Court issued the following order on Aug. 8:
1.The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 15.07.2023 and the decree dated 27.07.2023 passed in Original Suit No.04 of 2022 by the learned Principal Judge, Family Court, Koderma (in short, Family Judge) whereby and whereunder the petition filed under section 27(1) (d) of the Special Marriage Act, 1954 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 22.12.2020 before Sub-Registrar-cum-Marriage officer, Koderma and after the marriage they lived together as husband and wife for only 10 days.
(ii) It is alleged that during that period the defendant has not established physical relationship with the petitioner and they are living separately since 01.01.2021 and have never cohabited with each other.
(iii) It is alleged that from the very beginning the behaviour of defendant towards petitioner was not good and she denied to live with petitioner's family and pressurized him to live separately and bring money for her higher education. The petitioner opposed the wrongful demand of defendant on which he was threatened by defendant and her mother and they told him that earlier they implicated him in rape case and now they will send the petitioner and his whole family members in jail in the case of Dowry Act and will ruin the future of petitioner.
(iv) It is alleged that the prior to marriage, the defendant had filed a criminal case being Telaiya P.S Case No. 139 of 2020 against the petitioner and his family members under sections 376/34 of IPC, but the police after investigation submitted Final Form which was accepted by the learned C.J.M, Koderma on 07.06.2021 but the petitioner and his family members faced mental torture due to the act of defendant. The petitioner faced all types of cruelties because he wanted to save his married life but defendant was adamant to spoil the life of petitioner. She is continuously torturing the petitioner and his family and defendant has been committing cruelty with petitioner. She is also not giving any pleasure and comfort to the petitioner in their conjugal life.
(v) It is alleged that the plaintiff tried his best to live with the defendant but she is not willing for the same and in the circumstances, there is no possibility to maintain further conjugal life between the petitioner and the defendant.
3. On the aforesaid ground of cruelty, the appellant-husband has prayed for a decree of dissolution of the marriage between him and the respondent-wife, accordingly, the suit being Original Suit No.04 of 2022 for dissolution of marriage has been preferred.
4. It needs to mention herein that in Original Suit No.04 of 2022, after issuance of notice the respondent-wife appeared and contested the suit by filing her written statement denying all the allegations levelled against her by the plaintiff-husband. It has been stated that the suit has been filed on false, frivolous and concocted grounds and is fit to be dismissed. She has admitted that her marriage was solemnized with the petitioner but denied that she belongs to Hindu religion as she is Sikh by religion and governed by Hindu law. She admitted that their marriage was solemnized on 22.12.2020 under Special Marriage Act, 1954 before Marriage Officer, Koderma and the certificate was issued under section 13 of the Special Marriage Act, 1954 on 22.12.2020. Thereafter, the petitioner took her to Dhawajadhari Mandir, Koderma and performed his marriage with her under Hindu customs and law.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpEDZ0z8XoUDL0SM8Brk8%2Be23ib198qiQMED7LDEnAJ6r&caseno=FA/246/2023&cCode=1&cino=JHHC010341532023&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
