2013 Supreme(Guj) 259
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHASKAR BHATTACHARYA and J.B. PARDIWALA, JJ.
RITABEN ASHWINKUMAR PARMAR - Appellant(s)
Versus
ASHWINKUMAR MANILAL PARMAR - Defendant(s)
FIRST APPEAL NO. 1723 of 2004
Decided On: 04/07/2013
MR JAYESH A. DAVE, ADVOCATE for the Appellant(s) No. 1
MR H.R. PRAJAPATI, ADVOCATE for the Defendant(s) No. 1
Headnote:
Family Courts Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 13(ib) and 23(2) - Appeal is at instance of a unsuccessful wife in proceeding for divorce under Hindu Marriage Act, and is directed against judgment and order, passed by Family Judge of Court, in Family Suit by which trial Judge allowed Suit filed by plaintiff-husband for divorce and dissolved marriage - Judge also awarded in favour of the appellant herein by way of permanent alimony towards her maintenance - Held, Court holds that equities claimed by husband should fail and law should prevail - Court is left with no other option but to set aside the decree of divorce passed by the Court below - Judgment and decree passed by the Family Court, in Family Suit is hereby set aside - Appeal allowed
J.B. PARDIWALA, J.
This appeal under Section 19 of the Family Courts Act, 1984, is at the instance of a unsuccessful wife in a proceeding for divorce under the Hindu Marriage Act, and is directed against the judgment and order dated 1st May, 2004, passed by the Family Judge of Court No.2, Ahmedabad, in Family Suit No. 1511 of 2000, by which the learned trial Judge allowed the Suit filed by the plaintiff-husband for divorce and dissolved the marriage. The learned Judge also awarded a sum of Rs. 30,000/-in favour of the appellant herein by way of permanent alimony towards her maintenance.
2. The case made out by the respondent-husband in his application under Section 13 of the Hindu Marriage Act for dissolution of the marriage may be enumerated, rather in detail in order to appreciate the allegations of cruelty in proper perspective.
2.1 The parties were married according to the Hindu rites and rituals on 15th February, 1994, at Ahmedabad. After the marriage, the parties started residing together and for the first few initial days after the marriage, the relations of the parties with each other were quite normal, but thereafter, the wife started showing her true colour. The wife started behaving with the husband badly and her attitude towards the parents of the husband was also very bad.
2.2 Within seven days from the date of the marriage, according to the custom prevailing in the community, the wife was sent at the house of her parents, but thereafter, she refused to return to her matrimonial home. With the intervention of friends and relatives, the wife was persuaded to return to her matrimonial home, but even after returning to the matrimonial home, there was no change in her behaviour.
2.3 The wife informed the husband that her marriage was against her wishes and that she got married only due to the pressure of her parents.
2.4 The husband alleged that his wife was very short-tempered, independent-minded and she adopted a free lifestyle and liked to live on her own terms and due to such attitude, she used to walk out of the house at any time without informing any of the members of the family. When the husband used to persuade the wife to behave in a proper manner, the wife used to give threats that she would file a false police complaint and see to it that all the family members at the matrimonial home would be behind the bars.
2.5 The wife had a lot of prejudice towards her husband. On 28th September, 2004, the wife had picked up a quarrel with the parents of her husband and threatened that she would commit suicide by setting herself ablaze. On the next day i.e. on 29th September, 1994, the husband called for the parents of his wife and appraised them about the behaviour of their daughter. At that point of time, the wife along with all her belongings like ornaments, clothes and other household articles walked out of her matrimonial home with her father. At that time, the father of the wife had informed that they would see to it that the daughter returned soon to her matrimonial home.
2.6 Even after a long period of time, the wife did not return to her matrimonial home and despite making all attempts to settle the dispute with the intervention of the parents of both the sides, including friends and relatives, the wife refused to return to her matrimonial home.
2.7 On 14th April, 1996, the father and the brother of the wife along with few other individuals came at the house of the husband at around 2' O Clock in the night and demanded a sum of Rs. 50,000/-for dissolution of the marriage. The father, the brother and the other individuals threatened the husband and his family members that if they would not pay a sum of Rs. 50,000/-, then they would not allow the husband and his parents to live in peace. At that point of time, the husband had informed the father and the brother of his wife that he was ready and willing to get his wife back and they would not pay a single penny.
2.8 Thereafter, the father of the wife req