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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Aparesh Kumar Singh, Anubha Rawat Choudhary, JJ.
Gautam Mahanty - Appellant
Versus
Smt. Jayshree Mahanty - Respondent
First Appeal No. 52 of 2007
Decided on : 09-02-2021
HINDU MARRIAGE ACT, 1955 - SECTION 13(1)(I-A) - CRUELTY - DESERTION - IRRETRIEVABLE BREAKDOWN OF MARRIAGE - MAINTENANCE - PERMANENT ALIMONY - FACTS AND CIRCUMSTANCES OF THE CASE - EVIDENCE - JUDGMENT OF ACQUITTAL IN CRIMINAL CASE - RELEVANCE - MENTAL CRUELTY - INSTITUTION OF FALSE CRIMINAL COMPLAINT - INTENTION TO BRING COHABITATION PERMANENTLY TO AN END (ANIMUS DESERENDI) - FACTORS TO BE CONSIDERED - FUTURE PROSPECTS OF CHILD - MAINTENANCE PENDENTE LITE - INTERIM MAINTENANCE - FINAL DECISION.
Fact of the Case:
The appellant-husband filed a suit for divorce on the grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955. The respondent-wife denied the allegations and stated that the divorce suit was instituted as her family was unable to satisfy the demands of dowry. She also filed a criminal complaint against the appellant and his family members under Section 498-A and allied sections of the IPC and the Dowry Prohibition Act. The trial court dismissed the suit for divorce. During the pendency of the appeal, the learned Judicial Magistrate, 3rd court, Purulia acquitted the appellant and his family members from charges under Section 498-A/34 of the IPC on the ground that the prosecution had failed to prove its case beyond shadow of reasonable doubt. The respondent also filed a petition under Section 125 Cr.P.C. for maintenance and obtained an order directing the appellant to pay Rs. 7,000/- per month as maintenance and Rs. 3,000/- per month for his child.
Finding of the Court:
The court held that the institution of a false criminal complaint by the respondent amounted to mental cruelty upon the appellant. The court also held that the respondent had deserted the appellant without any reasonable cause and that the marriage had irretrievably broken down. The court further held that the appellant was liable to pay permanent alimony of Rs. 25,00,000/- to the respondent and the daughter.
Issues: 1. Whether the institution of a false criminal complaint by the respondent amounted to mental cruelty upon the appellant? 2. Whether the respondent had deserted the appellant without any reasonable cause? 3. Whether the marriage had irretrievably broken down? 4. Whether the appellant was liable to pay permanent alimony to the respondent and the daughter?
Ratio Decidendi: 1. The court held that the institution of a false criminal complaint by the respondent amounted to mental cruelty upon the appellant, relying on the decisions of the Supreme Court in K. Srinivas Rao v. D.A. Deepa and K. Sunita v. K. Srinivas. The court observed that the respondent had made false and defamatory allegations against the appellant and his family members, which had caused them mental agony and suffering. The court also noted that the respondent had continued to pursue the criminal case even after the appellant and his family members were acquitted, which showed that she was determined to harass and humiliate them. 2. The court held that the respondent had deserted the appellant without any reasonable cause. The court observed that the respondent had left the matrimonial home in June 1998 and had not returned since then, despite the fact that the appellant had not given her any reasonable cause to do so. The court also noted that the respondent had refused to resume conjugal life with the appellant even after the criminal case against him was dismissed. The court concluded that the respondent had the intention to bring cohabitation permanently to an end (animus deserendi). 3. The court held that the marriage had irretrievably broken down. The court observed that the parties had been living separately for more than 22 years and that there was no chance of reconciliation. The court also noted that the relationship between the parties had been acrimonious and that there were no emotional bonds left between them. The court concluded that the marriage had irretrievably broken down. 4. The court held that the appellant was liable to pay permanent alimony of Rs. 25,00,000/- to the respondent and the daughter. The court took into account the appellant's income, the respondent's lack of independent source of income, and the daughter's future prospects. The court also noted that the appellant had already been paying interim maintenance to the respondent and the daughter.
Final Decision: The court allowed the appeal, set aside the judgment and decree of the trial court, and granted a decree of divorce to the appellant. The court also directed the appellant to pay permanent alimony of Rs. 25,00,000/- to the respondent and the daughter.
JUDGMENT :
Heard the appellant is person and Mr. Rohitashya Roy for the respondent.
2. The appellant is in appeal against the dismissal of Title (Mat) Suit No. 13 of 2003 vide judgment dated 30.03.2007, decree dated 09.04.2007, passed by the learned Principal Judge, Family Court, Bokaro, whereby the suit for divorce on the grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955 has been dismissed.
3. The case of the appellant briefly stated as under:
The appellant and the respondent are Hindus and are governed by the provisions of Hindu Marriage Act, 1955. The marriage between appellant and respondent was solemnized on 09th May, 1997 at Manbazar, at the house of the defendant as per Hindu rites and customs. Thereafter out of the wedlock, a female child was born in the month of November, 1998 at Bankura Sammilani Medical College. At that point of time, the appellant was posted as Executive Engineer, in Damoda Colliery and had been allotted an official quarter by the BCCL authorities. After marriage, he took his wife and daughter to his official quarter with lots of sweet conjugal dreams. The parents of the appellant welcomed the respondent in the matrimonial home and all sorts of co-operation was extended to the newly wedded bride so that she could adjust herself. The behaviour of the wife, respondent herein, since the first day she came to her matrimonial home at Bokaro, was very peculiar and repulsive towards the appellant as well as to the parents of the appellant. Appellant was very shocked due to such disrespectful behaviour of his wife towards his parents and others but he kept silent. The appellant after observance of “Asta- Mangala” went to Kathmandu (Nepal) with his wife for honeymoon but faced serious trauma from the behaviour of his wife (respondent herein). The latter’s approach towards the appellant was totally unpredictable and the respondent used to be totally withdrawn. She showed absolute indifference towards her family obligations and did not even respond to the calls of the appellant. The appellant in order to have peace and tranquillity used to concede to all irrational demands and desires of the respondent but marital relationship instead of improving steadily deteriorated due to uncompromising behaviour and capricious attitude of respondent. The appellant in his sincere endeavour to pacify his wife even had to face slaps and fists besides abusive languages. Repeated recurrence of such ill-temperament even in presence of parents and the friends of the appellant made the life of the appellant hell. The appellant being the only son of his parents felt extreme mental humiliation and in order to relieve his parents shifted the respondent to Damoda at his place of work. The respondent was extremely reluctant to accompany the appellant for attending any invitation, social gathering and even officer’s family meet. The respondent on most of the days for no reasons did not cook or arrange food for the appellant. On asking for reasons for the same, the respondent used to attack the appellant physically causing even bodily harm due to infliction of scratches with nails. The appellant in such state of affairs sought for intervention of his parents-in-law but instead of improving the situation it worsened to the lowest ebb.
4. Lastly, the appellant, having no other alternative, requested his parents-in-law to take their daughter for few days on the expectation that their company and good advice might bring changes in her behaviour and attitude of the respondent. Respondent in the meantime conceived. However, such conception instead of bringing change of her approach, made her all the more cruel not only towards the appellant but also the baby in her womb. Filthy and slang abuses, physical humiliation at the hands of the respondent became almost a regular phenomenon in the life of the appellant and his parents and friends were mere onlookers to his such ordeal. The situation assumed such proportion t
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