SUPREME COURT OF INDIA
JAGDISH SINGH KHEHAR,R.K. AGRAWAL
DIPANWITA ROY – Appellant
Versus
RONOBROTO ROY – Respondent
C.A. No.-009744-009744 / 2014
15-10-2014
RANJAN MUKHERJEE
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JUDGMENT
1
“REPORTABLE”
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9744 OF 2014
(Arising out of SLP(C) No.5694 of 2013)
Dipanwita Roy
…. Appellant
versus
Ronobroto Roy
…. Respondent
J U D G M E N T
Jagdish Singh Khehar, J.
1.
The petitioner-wife Dipanwita Roy and the respondent-husband Ronobroto
Roy, were married at Calcutta. Their marriage was registered on 9.2.2003. The
present controversy emerges from a petition filed under Section 13 of the Hindu
Marriage Act, 1955 (hereinafter referred to as the 'Act') by the respondent, inter
alia, seeking dissolution of the marriage solemnised between the petitioner-wife
and the respondent-husband, on 25.1.2003.
2.
One of the grounds for seeking divorce was, based on the alleged
adulterous life style of the petitioner-wife. For his above assertion, the
respondent-husband made the following allegations in paragraphs 23 to 25 of his
petition:
“23.
That since 22.09.2007 the petitioner never lived with the
respondent and did not share bed at all. On a very few occasion since
then the respondent came to the petitioner's place of residence to
collect her things and lived there against the will of all to avoid public
scandal the petitioner did not turn the respondent house on those
occasion.
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JUDGMENT
2
24.
That by her extravagant life style the respondent has incurred
heavy debts. Since she has not disclosed her present address to bank
and has only given the address of the petitioner. The men and
collection agents of different banks are frequently visiting the
petitioner's house and harassing the petitioner. They are looking for
the respondent for recovery of their dues. Notice from Attorney Firms
for recovery of due from the respondent and her credit card statements
showing heavy debts are being sent to the petitioner's address. The
respondent purchased one car in 2007 with the petitioner's uncle, Shri
Subrata Roy Chowdhary as the guarantor. The respondent has failed to
pay the installments regularly.
25.
That the petiitoner states that the respondent has gone astray.
She is leading a fast life and has lived in extra marital relationship with
the said Mr. Deven Shah, a well to do person who too is a carrier
gentlemen and has given birth to a child as a result of her cohabitation
with Shri Deven Shah. It is reported that the respondent has given
birth to a baby very recently. The respondent is presently living at the
address as mentioned in the cause title of the plaint.”
(emphasis is ours)
3.
The above factual position was contested by the petitioner-wife in her reply
wherein she, inter alia, submitted as under:
“That the statements made in paragraph Nos. 5 and 6 of the plaint are
admitted by the respondent to the extent that the daughter namely
“Biyas” is residing in the custody of the respondent's mother with the
arrangement of the petitioner and as a result of which the petitioner
used to come at his mother in law's place and spending days therein
and the respondent used to spend time with him and carrying on their
matrimonial obligation which includes co-habitation.
That the statements made in paragraph No.7 in the plaint is absolutely
false, concocted, untrue, frivolous, vexatious and made with the
purpose of harassing the respondent and the petitioner is call upon to
prove the allegation intoto. It is categorically denied by the respondent
that she was a selfish person, very much concern about her own self
and own affairs and without any concern for the petitioner as alleged.
The respondent further denied that she was self willed, arrogant and
short tempered and she used to fly into rage every now and then over
small matter and used to quarrel with the petitioner and his mother as
alleged. The respondent further denied and disputes that she used to
go out every now and then according to her whims without infor