IN THE HIGH COURT OF JHARKHAND
APARESH KUMAR SINGH, RATNAKER BHENGRA, JJ.
Suman Kujur - Appellant
Versus
Anna Agnes Sundari Toppo - Respondent
First Appeal No. 142 of 2015
Decided On : 16-08-2018
Divorce Act, 1869 – Code of Criminal Procedure, 1973 – Section 125 – Special Marriage Act, 1954 – Hindu Marriage Act, 1955 – Sections 18, 25, 37 – Hindu Adoptions and Maintenance Act, 1956 – Parsi Marriage and Divorce Act, 1936 – Section 40 – Matrimonial Suit – Permanent Alimony – Appeal has been preferred by the appellant because though marriage was dissolved and decree passed in favour of the appellant but he is aggrieved by and dissatisfied with the judgment passed in Matrimonial Suit by Principal District Judge-cum-Principal Judge, Family Court, Latehar to the extent of directing payment of Rs. 2,50,000/- only as permanent alimony to the defendant by the plaintiff – Held, Wife or respondent has demonstrated her singular lack of interest in the proceeding though being adequately noticed. – She has not appeared and here too, she is not interested in the proceeding one way or the other. – From the record and evidence, it is shown that she had withdrawn herself from the company of the husband and even given in writing that she is not willing to live with the appellant, in spite of the best efforts of the appellant-husband to bring her back and live with him. – Court see no reason, why the husband should then bear the cost of maintaining the respondent in spite of such an inexplicable attitude and behaviour. – Moreover, it is to be noted that she had already withdrawn Rupees four lakhs within a very short period, which has remained unaccounted, and even for this reason, it is not appropriate to allow her the alimony granted. – Hence, the alimony of Rs. 2,50,000/- granted by the Family Court, Latehar by judgment cannot be upheld. – Prayer of the appellant, to set aside the order, for payment of permanent alimony to the defendant, respondent herein, amounting to Rs. 2,50,000/-, by the learned Principal District Judge-cum-Principal Judge, Family Court, in Matrimonial Suit, is allowed. – Appeal Allowed
RATNAKER BHENGRA, J.
1. Heard learned counsel for the appellant.
2. This appeal has been preferred by the appellant because though marriage was dissolved and decree passed in favour of the appellant but he is aggrieved by and dissatisfied with the judgment passed on 6.4.2015 in Matrimonial Suit No. 01/14 by the learned Principal District Judge-cum-Principal Judge, Family Court, Latehar to the extent of directing payment of Rs. 2,50,000/- only as permanent alimony to the defendant (respondent herein) by the plaintiff (appellant herein).
3. It has been alleged that marriage of plaintiff, appellant herein, Sri Suman Kujur along with Smt. Anna Agnes Sundari Toppo defendant, respondent herein was performed on 28.12.2009 and marriage took place and was performed at Catholic Church, Katkahi within District Gumla. Marriage certificate was also issued by the father of the said Church i.e. on the same date vide enrolment No. 53 dated 28.12.2009. It is further alleged that after marriage both lived as husband and wife under one roof and plaintiff had taken a residential house at Ranchi i.e. at Birsa Chowk, Ranchi. Subsequently, since plaintiff is a military man, he went to join his service and after a month when he returned and came back to his residential house i.e. at Birsa Chowk, Ranchi he found that his wife defendant Smt. Anna Agnes Sundari Toppo was absent as she left the house having locked the residence. After that plaintiff went to his sasural i.e. parental house of Smt. Anna Agnes Sundari Toppo and found her available there, and request was made to her to join the company of the appellant but her parents did not agree for Bidayeegi of defendant and defendant too did not agree for the restitution of conjugal right and refused to join the company of her husband. It is further alleged that plaintiff had given ATM card to his wife i.e. respondent Smt. Anna Agnes Sundari Toppo and she had withdrawn Rupees Four Lac from the Bank Account of the plaintiff for which no account was given. It is further alleged that plaintiff tried on several occasions and went to the house of defendant and requested for her Bidayeegi but on every occasion defendant Smt. Anna Agnes Sundari Toppo and her parents did not allow her to join the company of her husband. Plaintiff was beaten by her family members/ his in-laws and after that a panchayati was also convened at village Baskarcha within PS Mahuadar, district Latehar i.e. on 23.5.2012. In the said panchayati, villagers were present and defendant Smt. Anna Agnes Sundari Toppo had refused to join the company of her husband, by saying that she is not willing to live along with her husband and further stated that there was no sexual relation, established in between the spouses after performing marriage so the marriage was never consummated. It is further stated that in the said panchayati the punch present, had advised both parties to live together peacefully but the defendant and her family members i.e. parents did not agree to the suggestion of the panch and defendant Smt. Anna Agnes Sundari Toppo too was unwilling to join the company of her husband in spite of several requests of the plaintiff.
Thereafter, being disappointed with the behaviour of the defendant Smt. Anna Agnes Sundari Toppo, plaintiff who had taken every step and taken a chance for re-conciliation between spouses, but not succeeding filed the instant matrimonial suit seeking relief of decree of divorce i.e. dissolution of marriage in between spouses. A valid cause of action accrued in favour of the plaintiff and against the defendant on 23.5.2012 when the defendant was not ready to agree to the request of the plaintiff husband to join his company and thereafter also further refused on several occasions to live along with her husband. Hence, the instant matrimonial suit had been filed and dissolution of marriage prayed for in terms of decree of divorce between the parties and for other relief which the Court may deem fit and proper i
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.