The judgment confirms that cruelty by one spouse, including serious accusations without proof, justifies divorce, and courts can award permanent alimony based on the parties' financial conditions and previous agreements.

ORDER :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on10.05.2023 and decree signed on 22.05.2023 by learned Principal Judge, Family Court, Seraikella-Kharsawan whereby and whereunder the Original Suit No. 24 of 2019 filed by the respondent-wife under Section 13(1)(i- a)(ib) of the HINDU MARRIAGE ACT , 1955 for a decree of divorce has been allowed and marriage between the appellant-husband and respondent-wife stands dissolved.

Factual Aspect

2. The facts, briefly narrated in the plaint, is that, marriage of the appellant and respondent was solemnized on 05.05.2011 according to Hindu rites and customs at the parental house of the respondent-wife at village Pragati Nagar, Seraikella-Kharsawan in presence of common well-wishers, friends and relatives of the parties.

3. It is stated that as per demand of the appellant-husband and his other family members, the father of the respondent-wife gave gold jewelry worth Rs. 2,00,000/- as dowry at that time. It is pleaded that after marriage the respondent-wife went to her matrimonial house, started living there as husband and wife, the marriage consummated also, but no child could be born from the said wedlock and unfortunately such cordial relationship could not continue for any longer period of time and the same could not be settled despite intervention of common well-wishers.

4. It is further pleaded that gradually the matter went up to its extreme on the ground of demand of dowry and and the respondent-wife was subjected to cruelty, both mentally and physically at the hands of appellant- husband as well as by her in-laws, which compelled her to file a criminal case against him which was registered as Adityapur P.S. case No.96/18 under Section 4 98A of the IPC and Section 3 /4 of the D.P. Act.

5. It is further pleaded that during the criminal proceeding, the parties agreed to resolve their dispute by dissolution of marriage on mutual consent, as such Suit being Original Suit No.41 of 18 was preferred, but that could not continue due to lack of proper steps by the appellant-husband as alleged by the respondent-wife and as such disposed of vide order dated 23.01.2019.

6. It is further stated that the respondent-wife, was deserted at the hands of appellant for more than 2 years and has been subjected with cruelty, both mentally and physically, by him which compelled her to file another suit for dissolution of marriage being Original Suit No.24 of 2019, the subject matter of instant first appeal.

7. It is further stated that since 23.10.2016 the parties have not resided together as husband and wife, making the day as cause of action of the Original Suit which was filed.

8. Further, in the petition for permanent alimony the petitioner, the respondent-wife herein, has stated on account of her financial condition, as well as in the light of the petition for withdrawal of the Maintenance Case No. 06 of 2020, she is entitled for permanent alimony as one time settlement.

9. The appellant-husband appeared in the suit and filed written statement whereby though admitted the marriage but stated that neither any documentary proof of marriage nor the name of any person attending the said marriage has been disclosed. The appellant- husband denied the allegation of demand of dowry and submitted that the respondent-wife did not stay in her matrimonial house as a newly wedded wife and on the instigation of her parents, the petitioner-wife engaged herself in illegal