The court ruled that isolated incidents of alleged mental cruelty, lacking consistent evidence, do not justify the dissolution of marriage under the Hindu Marriage Act.

JUDGMENT :

R. Mukhopadhyay, J.

1. Heard Mr. Birendra Kumar, learned counsel for the appellant and Mr. Umesh Kr. Choubey, learned counsel appearing for the respondent in First Appeal No.187 of 2024 and Mr. Umesh Kr. Choubey, learned counsel for the appellant and Mr. Birendra Kumar, learned counsel appearing for the respondent in First Appeal No.231 of 2023.

2. In First Appeal No.187 of 2024 the appellant is aggrieved with the judgment and decree dated 01.08.2023 (decree signed on 18.08.2023) passed by Sri Shambhu Lal Shaw, learned Principal Judge, Family Court, Hazaribagh in Original Suit No. 98 of 2022 whereby and whereunder the Suit preferred by the respondent herein under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 has been allowed and the marriage between the appellant and the respondent has been dissolved.

3. In First Appeal No.231 of 2023 the appellant/husband is aggrieved with that part of the impugned judgment and decree dated 01.08.2023 (decree signed on 18.08.2023) by which he has been directed to make payment of permanent alimony of Rs. 20 Lakhs to the respondent/wife within one month.

4. We shall first deal with First Appeal No. 187 of 2024 and, if necessary, will delve into the merits or otherwise of First Appeal No. 231 of 2023.

5. For the sake of convenience both parties are referred to in this judgment as per their status before the learned trial court.

6. The petitioner/husband (respondent herein) had instituted a suit under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent/wife (appellant herein) in which inter-alia it has been stated that the marriage of the petitioner and the respondent was solemnized on 08.12.2020 at Rameshwaram Hotel, Deoghar as per Hindu rites and customs and after marriage the respondent came to reside with the petitioner at her matrimonial house at Nutan Nagar, Korrah, Hazaribagh where she stayed for four months. The couple has not been blessed with any children. The marriage was a simple ceremony without there being any demand of dowry from the side of the petitioner and the entire expenses of the marriage was borne by the petitioner. The petitioner had given gold ornaments to the respondent at the time of marriage which was worth Rs.3 Lakhs. It has been stated that the mother of the petitioner has been physically incapacitated as her ankle was broken which was operated upon and the father of the petitioner had expired in the year 2010 and the petitioner being the only son has to look after his family which also comprises of three sisters of the petitioner. The younger sister of the petitioner is still unmarried who stays with the petitioner. It has been stated that the respondent during her stay at her matrimonial house always made attempts to get the petitioner separated from his mother. During her short stay of four months at her matrimonial house, the respondent did not indulge in any household works and when the petitioner insisted, she became aggressive and started shouting and abusing the petitioner, his mother and sister. The respondent was in the habit of humiliating the petitioner in the presence of friends and family members of the petitioner. It has further been stated that the respondent used to lock herself in a room and threatened of committing suicide in order to torture the petitioner and his family members for which the petitioner had to call the local Police for getting the door opened. The respondent also had the habit of leaving her matrimonial house without informing the petitioner or his family members. The first time the respondent had left her matrimonial house without the consent of the petitioner was on 19.04.2021 and she came back on 22.11.2021 along with her parents and ten other females, but there was no perceptible change in her behaviour. On 25.11.2021 the respondent locked herself in a room and started making threats of committing suicide due to which the local Police was called in by the petitioner wh