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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Suman Shyam, Arun Dev Choudhury, JJ.
Lalit Sinha @ Lalit Madan Sinha – Petitioner
Versus
Smti Sandhya Sinha, W/O Lalit Sinha – Respondent
Mat.App./23 of 2018
Decided On : 13-12-2021
Indian Penal Code, 1860 - Section 498(A) – Criminal Procedure Code, 1973 - Section 125 - Hindu Marriage Act' 1955 - Section 25 - Matrimonial appeal – Cruelty - Permanent alimony and maintenance - Dismissing suit for divorce preferred by appellant husband - Appellant husband as projected is that, the marriage between appellant and respondent was solemnized and out of their wedlock, one daughter and a son were born - Appellant is a constable serving under Assam Police. Though the appellant and respondent started their conjugal life, appellant had to stay away from his residence, as he was posted initially at Nalbari and thereafter, at Haflong - According to the appellant, the respondent wife, during his absence used to stay in her parental house and refused to take care of his elderly mother - Since 2004, according to appellant, the respondent started continuously living at her parental home leaving behind the appellant and her matrimonial home without any just cause.
Finding of the court : Court view that the respondent wife has left the company of the appellant husband without any reasonable cause and without consent of the appellant husband - Respondent wife should not be denied such a relief for not filing an application for permanent alimony as otherwise she is entitled for a permanent alimony and maintenance under Act, 1955. The fact also remains that during the course of argument, Mr. S.C. Biswas, learned Counsel for the appellant had also submitted that his client is not averse to paying a reasonable amount as permanent alimony to respondent wife, in event decree of divorce is granted in this case. Learned Counsel for the appellant further submitted that his client is also willing to bear educational and medical expenses of two children during their parental dependency. According to him, the son of the appellant has attained majority and is studying in college whereas Daughter is still a minor – In the interest of justice, an order for payment of permanent alimony needs to be passed in favour of respondent wife, in given facts and circumstances of the case – Hence direct that the appellant shall also bear the medical and educational expanses of his two children living with their mother during their parental dependency, on the basis of documentary proof to be submitted by respondent wife on monthly basis, as regard the actual expenditure incurred on the above count.
Result : Appeal disposed of.
JUDGMENT :
A. D. Choudhury. J.
Heard Mr. S.C. Bswas, learned counsel for the appellant. We have also heard Mr. M. H. Rajbarbhuiya, learned counsel for the respondent.
2. This matrimonial appeal has been filed by the appellant husband, being aggrieved by the judgment and decree dated 22.12.2017, passed in Title Divorce Suit No. 48/2015 by the learned court of District Judge, Karimganj, dismissing the suit for divorce preferred by the appellant husband.
3. The case of the appellant husband as projected is that, the marriage between appellant and the respondent was solemnized on 01.06.1996 and out of their wedlock, one daughter and a son were born. The appellant is a constable serving under Assam Police. Though the appellant and respondent started their conjugal life, the appellant had to stay away from his residence, as he was posted initially at Nalbari and thereafter, at Haflong. According to the appellant, the respondent wife, during his absence used to stay in her parental house and refused to take care of his elderly mother. Since 2004, according to the appellant, the respondent started continuously living at her parental home leaving behind the appellant and her matrimonial home without any just cause. According to him, being situated thus on 04.06.2012, the appellant sent a legal notice to his wife to come back to his company and after receiving such legal notice, on 19.07.2012, the wife filed a case under Section 498(A) of the IPC which was registered as C.R. Case No. 872/2012. The respondent wife also filed another case under Section 125 of the Cr.P.C. for her maintenance, which was registered as Misc. Case No. 171/2012. The appellant husband contends that in the said case registered under Section 498(A) of the IPC, the appellant and his mother were discharged. According to the appellant, he continued to pay the maintenance granted in Miss Case No. 171/2012.
4. The respondent wife contested the case by filing a written statement, in which, she pleaded that she was subjected to cruelty by her husband and his mother. She was treated like maid servant in the house of her husband without dignity in any manner. She also stated that she was subjected to cruelty to meet illegal demand of dowry of Rs. 1 Lakh and on denial, the appellant husband and his family members perpetrated torture, both physical and mental and she silently tolerated all such cruelty of her husband and family members considering of her future. But, when she could not tolerate the extreme torture meted to her by the husband, she was forced to leave her matrimonial house and thereafter she lodged the case under Section 498(A) of the IPC. It was also her stand that she had always been ready, willing and interested to maintain her matrimonial life with the appellant husband but failed owning to malafide intention of her husband and his family members.
5. The appellant husband adduced two witnesses in support of his pleading, including himself. The respondent wife examined herself as witness.
6. The learned District Judge, upon the pleadings, filed by the parties, framed the following issues,
(ii) What other relief/reliefs is the plaintiff is entitled to?”
7. The learned District Judge dealt with both the issues and dismissed the suit and rejected the prayer of the appellant husband for decree of divorce.
8. We have perused the pleadings, evidence on record and the documents exhibited. The admitted fact in the case is that a complaint under Section 498(A) of the IPC was filed by the respondent wife against the appellant husband and his mother after 16 years from solemnization of their marriage. The material on record also shows that the respondent wife, as per her own version, has been leaving separately from her husband since 03.06.2012.
9. The learned District Judge came to a conclusion that filing of case under Section 498(A) of the IPC and getting acquittal therein,
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