IMPORTANT POINT
Divorce – Foundational facts regarding allegation of adultery must be proved.

JUDGMENT (CAV)

Alok Kumar Pandey, J.—The present appeal has been directed against the impugned order dated 19.01.2016 and decree dated 04.02.2016 passed in Matrimonial (Divorce) Case No. 102 of 2007 by the court of learned Principal Judge, Family Court, Bhagalpur whereby marriage between the parties has been dissolved by passing decree of divorce. Further, the concerned court ordered that appellant is not entitled for permanent alimony/maintenance and also directed the appellant/wife to hand over baby child to the respondent/husband.

2. Before delving the factual aspect of the divorce petition filed by the respondent u/s 13 (1)(ib) of the Hindu Marriage Act, 1955, summarizing the background of appellant prior to date of marriage including stories and sub-stories of divorce petition which consists of 35 pages and to cut short the matter, the relevant aspects are being projected which are as follows:

The present appellant and respondent solemnized the marriage on 24.06.2005 and sufficient gifts were presented by respondent’s sides through relatives. It is averred in divorce petition that the appellant misbehaved at the behest of her mother, brother and maternal uncle. Her conduct was never suitable as she never cooked and cleaned the room. She moved places in search of employment without consent and permission of appellant. She fled away to her mother’s house. Allegation was made that she wanted to go to the clinic for termination of pregnancy but at last pregnancy was protected. The respondent has made allegations that in absence of family members of respondent, the appellant’s brother, mother and maternal uncle, used to conspire against the family of respondent. Respondent persistently demanded new and costly dresses and edible items and luxurious things beyond the financial capacity of respondent with a view to create noise. On 23/9/2005 appellant fled away to mother’s house without respondent’s consent. It is alleged that appellant’s maternal uncle Raj Kumar Mishra came on 7/7/2006 and abused and threatened to implicate in false case and appellant would divorce the respondent and perform second marriage and on suspicion, respondent’s younger brother filed informatory petition before the learned C.J.M, Bhagalpur on 10/7/2006. Respondent’s family members provided all the facilities to appellant according to her need but appellant’s mother, brother and maternal uncle always abetted her for committing wrong. Fortunately, she gave birth to a female child at Bhikhanpur on 31/7/2006 at about 7 PM. and medical facilities was being provided to the appellant along with balance diet and child was kept under regular surveillance. Despite being all the facilities rendered in favour of appellant, appellant did not change her nature rather she became ferocious and quarrelsome and used abusive language against all. She did not care for her child since her birth. At the mercy of God, the child was being served by respondent’s mother and neighbours. She persistently demanded partition at the instance of her family members, just for illegal gain. On 29/8/2006, appellant quarreled with her husband and mother-in-law, using filthy language and her attitude is quite disrespectful towards the respondent and family members. On the same night at 12:30 AM she took kerosene oil and poured upon her body and bolted her room from inside. She forgot the matchbox, she came out from the room but she could not succeed in her conspiracy. In morning, 30/8/2006, appellant fled away from the house of respondent containing ornaments, garments, leaving the small child. Respondent’s father went to Rampur in the evening on the same day to apprise to appellant’s mother and there was threat from the appellant’s side to implicate respondent in false case. Respondent’s younger brother filed informatory petition before CJM, Bhagalpur on 1/9/2006 stating the aforesaid facts. On 7/9/2006, appellant entered into the house forcibly with the help of her maternal uncle. It was