The appeal court held that the husband's unsubstantiated claims of cruelty could not justify divorce, emphasizing his failure to provide for his wife and child, thus reversing the lower court's decree.

JUDGMENT :

DIXIT KRISHNA SHRIPAD, J.

This matrimonial appeal by the wife calls in question the judgment dated 12.12.2023 and pursuant decree dated 23.12.2023, whereby respondent-husband’s CP No. 35 of 2022 filed under the provisions of Section 13 of the Hindu Marriage Act, 1955 having been favoured, learned Family Court Judge, Boudh has dissolved the marriage between the parties. He has also ordered “The petitioner-husband is directed to pay a sum of Rs.2,00,000/- (Rupees two lakhs) only to the respondent-wife towards permanent alimony within three months hence, failing which the respondent-wife will be at liberty to enforce it through court.” (sic)

2. Averments of parties in brief :

(a) Both the parties are Hindus. Husband is now aged 38 years and wife 29 years. He is employed as Data Entry Operator at Charichhak Block Office. Their marriage was solemnized on 24.04.2018 as per customs and rituals obtaining in their caste, at the residence of the wife. Theirs was a cat & dog life. Wife and her parents were forcing the husband to establish a separate matrimonial home away from his parents. On 20.09.2018, wife’s parents & two sisters came to the place of husband and had an altercation with his parents, when he was away in office. Disregarding the request of his parents to calm down, wife’s parents returned with their daughter to their place, along with all her gold ornaments. This was when the wife was carrying.

(b) Whilst staying with her parents at Boudh, the wife gave birth to a male baby on 22.01.2019 at District Hospital. However, no birth rituals & naming ceremony were performed. On 28.08.2020, the husband & his mother along with a Mediator accompanied by relatives brought back the wife to the matrimonial home. On being asked as to what happened to the gold ornaments, the wife assured him that they would come back before long. However, despite long lapse of time, they did not. Strangely, on 13.09.2020, wife’s parents & sisters, having had altercation with the husband, whisked away the wife & new born to their place.

(c) Husband had sent two notices through his counsel, which the wife refused to receive. To his dismay, on 13.09.2020, wife’s father lodged an FIR in Boudh Police Station falsely alleging spousal cruelty & other such offences. Wife had filed M.C. No.40 of 2020 claiming maintenance under PWDV Act in the Court of SDJM, Boudh. She has been staying away from the matrimonial home that too keeping the baby away from its father. Despite all efforts, she has not returned to the matrimonial home and that there is absolutely no justification whatsoever for all this. Husband alleging cruelty & desertion moved the subject CP seeking a decree for dissolution of marriage. After appearance, wife filed her written statement resisting the CP, wherein she alleged dowry demand and acts of mental cruelty and physical assault. She also mentioned that she was driven out from the house by the husband & his parents, that too when she was carrying. Whilst staying together, often she was made to starve.

(d) When the baby was 19 months old, the husband & his parents visited the place of wife and took her back with the child on 28.08.2020. After rejoining the matrimony, again all they perpetrated same unlawful acts and all that became intolerable. Therefore, the above criminal case was filed by her father, who came and took the wife & kid to the natal place. The family of the husband owns 14 acres of agricultural land. He is well placed. Despite that, he is greedy & cruel. It is not the wife who has perpetrated cruelty but the husband & his parents qua the wife.

3. Issues & evidence :

On the basis of pleadings of the parties, the Court below framed the following principal issues:

“(i) Whether the civil proceeding is maintainable?

(ii) Whether the petitioner has any cause of action