The court emphasized the importance of proving grounds for divorce and recognized the validity of mutual consent agreements for divorce.

JUDGMENT :

S.K. Sahoo, J.

This matrimonial appeal under section 19 of the Family Courts Act, 1984 read with section 28 of the Hindu Marriage Act, 1955 has been filed by appellant Bipin Kumar Samal (hereafter “the appellant-husband”) challenging the impugned judgment and order dated 08.05.2015 of the learned Judge, Family Court, Cuttack passed in Civil Proceeding No. 370 of 2014 in dismissing the petition filed by the appellant-husband under section 13(1) of the Hindu Marriage Act, 1955 for dissolution of his marriage with Minarva Swain @ Samal (hereafter “the respondent-wife”) by a decree of divorce.

2. The appellant-husband filed the petition for divorce stating therein that his marriage with the respondent-wife was solemnized on 06.05.2011 as per the Hindu customs and rites and about three months after marriage, the respondent-wife started misbehaving with her in-laws family members in an aggressive manner. She used to throw away and destroy the utensils of the house and always persuading the appellant-husband to live separately in a rented house from the other family members. As the appellant-husband did not agree to such proposal given by the respondent-wife, she threatened him to kill as well as his family members by administering poison in their food. The respondent-wife tortured the appellant-husband and her in-laws family members. She lodged a false complaint before State Women’s Commission against the petitioner and her in-laws family members so also an FIR at Barachana Police Station alleging dowry torture in order to harass them. It is the further case of the appellant-husband that the respondent-wife left the matrimonial house on 05.09.2011 and despite several attempts made by him as well as his parents, no reconciliation was possible due to adamant attitude of the respondent-wife.

3. The respondent-wife on being noticed filed her written statement denying the averments made in the divorce petition. It is the case of the respondent-wife that after her marriage, she stayed in the matrimonial house for about four months and during that period, she was subjected to torture by the appellant-husband and his family members in connection with further demand of dowry of Rs.50,000/- and a motor cycle. It is her further case that on 01.09.2011 the in-laws family members attempted to kill her by setting her on fire with kerosene but fortunately she was rescued by the neighbours. It is her further case that on getting information about the incident, her father, uncle and brother came to the house of the appellant-husband but they were misbehaved by her in-laws family members and she was also driven out of her matrimonial house on 07.09.011. It is her further case that even though she was always ready and willing to lead conjugal life with the appellant-husband but her husband did not turn up to take her back. The respondent-wife prayed for dismissal of the divorce proceeding.

4. The learned Judge, Family Court, formulated the following points for determination:-

(i) Whether the respondent-wife after solemnization of marriage treated the appellant-husband with cruelty?

(ii) Whether the respondent-wife has deserted her husband without reasonable cause?

5. In order to establish his case, the appellant-husband examined three witnesses including himself as P.W.1. P.W. 2 Bikram Kumar Samal is the cousin brother of the appellant-husband and P.W.3 Bipra Charan Nayak is the one of the co-villager of the appellant-husband.

The appellant-husband also proved certain documents in support of his case. Ext.1 is the xerox copy of the FIR dated 16.05.2011, Ext.2 is the xerox copy of the application submitted by the respondent-wife, Ext.3 is the xerox copy is the petition under section 24 of CPC filed by the respondent-wife, Ext.4 is the Physically Handicapped Certificate and Ext.5 is the medical prescriptions in four sheets.

The respondent-wife examined three witnesses including herself as P.W.1. O.P.W.2 Anandi Charan Jena is her uncle and O.P.W.3 Pramo