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Minakshi vs Bhupesh Kumar on 22 June, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.560 of 2013

Minakshi wife of Bhoopesh Kumar and D/O Taranand Deo Arvind, a resident
of Village+P.O.- Pohaddi Bela, P.S. Ghanshyampur, District-Darbhanga.

… … Appellant/s(Respondent)
Versus
Bhupesh Kumar son of Shilanath Lal, resident of Mohalla-Kathariya Ghandhi
Nagar, P.O. Lakshmi Sagar, P.S. Sadar, District-Darbhanga at present resident
of S.N. House, Road No. 13(B) Rajendra Nagar, P.S. Kadamkuan, District-
Patna.

… … Opposite Party(Petitioner)

Appearance :

For the Appellant/s : Mr. Girja Nand Prasad, Adv Mr. Arun Kumar
Lal, Adv
For the Respondent/s : Mr. Suraj Narain Yadav, Adv Ms. Annu Shree,
Adv

CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
and
HONOURABLE MR. JUSTICE S. KUMAR
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 22-06-2018
Heard learned counsel for the parties.

2. This miscellaneous appeal has been filed against the

judgment and order dated 30.04.2013 passed by the Additional

Principal Judge, Family Court, Patna in Matrimonial Case No. 4

of 2005, by which the learned court below granted decree of

divorce in favour of respondent-husband.

3. Briefly stated, the facts of the case is that marriage
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between respondent-husband and appellant-wife was

solemnized on 10.05.1995 at Ramgarh, Hazaribagh, where

father of the appellant-wife was posted as Executive Engineer in

Electricity Board Office. It has been alleged that after four days

of marriage respondent-husband demanded Rs. 5 Lacs cash and

other household articles worth Rs. 2,90,000/- from appellant-

wife. The family of respondent-husband started abusing and

assaulting appellant-wife when demand of dowry was not

fulfilled and after retirement of father of appellant-wife, her in-

laws demanded Rs. 5 Lacs for purchasing a building in Patna.

4. The respondent-husband has stated in divorce

petition that he belongs to a middle class family and has earned

status in the society by his own efforts. His father is a teacher in

primary school and his mother is a traditional house-wife and all

reside in Darbhanga.

5. The father of appellant-wife was Executive Engineer

in Electricity Department at the time of her marriage and after

retirement they are residing in Gardanibagh, Patna and

appellant-wife is also living with them (her parents). The

marriage between the parties was negotiated and solemnized

when respondent-husband was student of B.E. Final Year, in

1994-95. The appellant-wife could not adjust herself with the
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family of the petitioner and started behaving in a cruel manner

soon after marriage. Two children, one daughter namely

Shigdha aged about 7 years and one son namely Kshitiz aged

about 6 years were born out of the said wedlock and they are

studying in G.R.D Academy, Dehradun and whole expenses of

their education is being met by the respondent-husband. The

daughter was born on 14.12.1997 and son on 07.05.1999. It has

been further stated by the respondent-husband that he has two

younger brother and unmarried sister, who are studying.

Respondent-husband was meeting their educational expenses

alongwith his father. The parents of respondent-husband often

came to Patna and stayed with them.

6. It has been alleged by the respondent-husband that

the appellant-wife treated family members of the respondent-

husband with cruelty and did not showed respect towards them.

The appellant-wife insisted that he should severe all his

relations from his family and no amount should be spent upon

them. The family members also wanted that the appellant-wife

being eldest Bahu in the family should also stay at their native

place at Darbhanga and should take proper care of elderly

parents and other family members but the appellant-wife never

agreed for it. The appellant-wife always used to quarrel with the
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family members and used filthy and abusive language and often

became violent and also attempted to commit suicide on two

occasions, when respondent-husband did not come under

pressure of the appellant-wife She also started misbehaving with

the respondent-husband and started quarrelling and using

abusive language and even stopped talking. She also started

denying marital obligation of wife since January-2000.

7. The appellant-wife without seeking permission from

respondent-husband or family members left her matrimonial

home and lived for long duration against the wishes of petitioner

and lastly left her matrimonial home on 25.12.2001, and

thereafter deserted the respondent-husband without any just

cause or reason for more than three years and in spite of all

efforts being made by the respondent-husband, she refused to

come to her matrimonial home and resume matrimonial life, as

such the appellant-husband has brought this suit for divorce on

the ground of desertion of more than three years and cruelty.

8. The appellant-wife appeared in the divorce case and

denied the allegations made by the respondent-husband. She has

stated in her written statement that soon after marriage, the

respondent-husband and other in-laws started demanding Rs. 5

Lacs and also Rs. 2,90,000/- for household articles and the
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respondent-husband, his parents, two Brother-in-Laws and one

Sister-in-Law started assaulting appellant-wife after retirement

of his father and respondent-husband demanded Rs. 5 Lacs for

the purchase of house in Patna and on non fulfilment of which,

she was subjected to abuse and assault. The respondent-husband

demanded Rs. 1,50,000/- for starting a Coaching Centre at Patna

and on refusal by her father she was being tortured and

assaulted and threatened that if the said amount will not be paid,

she will be killed. The appellant-wife resided with her

respondent-husband at their residence in Patna along with other

family members till 16.12.2002 and because of non fulfilment

of demand of dowry, they tortured appellant-wife and even

refused to give food to her.

9. On 04.04.2004 the respondent-husband came to his

Sasural and told his Father-in-Law for vidai of appellant-wife on

account of Shradh Karm of his grandmother and appellant-wife

accompanied respondent-husband to her matrimonial house and

participated in Shardh Karm, where she was also mentally and

physically tortured by respondent-husband and his family

members. The appellant-wife came to know that respondent-

husband had relation with one another lady and on protest made

by her, she was abused and assaulted.

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10. On 06.02.2005, the respondent-husband and his

parents ousted appellant-wife from her matrimonial home after

assaulting her and snatching gold jewellery valued at Rs.

75,000/- and thereafter on 07.02.2005, respondent-husband filed

a complaint case in the court of C.J.M. Darbhanga and

thereafter the present divorce petition has been filed. The

appellant-wife has denied all the allegations of desertion and

cruelty.

11. PW-1 is the respondent-husband, who had stated on

oath that the marriage of respondent/husband and appellant/wife

was solemnized on 10.05.1995 as per hindu rites and customs in

Ramgarh, Hazaribagh. He belongs to a traditional family and his

father is a teacher in primary school and his mother is house-

wife. The father of appellant-wife was Executive Engineer in

Electricity Board at the time of marriage and after retirement

they settled in Gardanibagh, Patna, and appellant-wife resides

with them and still is with them. There was much difference in

stature of two families and when the appellant-wife came to his

house, she refused to live there and also started misbehaving

with his parents. She never respected him or his parents and was

not ready to live with the parents of the respondent-husband.

Although the respondent-husband remained perturbed from the
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behaviour of appellant-wife and tried to convince her but her

behaviour became rude and violent day by day and due to her

conduct, respondent-husband remained in mental agony. She

used to leave her matrimonial home without his permission and

went to her parental home at Patna. Two children were born

from the said wedlock and both of them are being maintained by

him and are studying in Dehradun. He has two brothers and one

sister and their academic expenses is being borne by him and his

father. The appellant-wife is very ambitious and also refused co-

habitation with the petitioner and developed illicit relation with

the respondent-husband’s brother Amarendra and always

threatened that if he refused to continue the illicit relation she

will commit suicide. The appellant-wife used to write love

letters to her younger brother and when he and other family

members came to know about it, he sent his younger brother

Amarendra Kumar to Delhi for studies. Thereafter appellant-

wife developed illicit relation with his youngest brother and

started writing lover letters to him. He came to know that

appellant-wife has conspired to kill him and his parents were

unhappy from the conduct of appellant-wife. There is no

relation between the respondent-husband and appellant-wife

since 2001 and thereafter they have never lived together. The
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allegation made by appellant-wife against the respondent-

husband of demanding Rs. 5 Lacs, Rs. 1 Lacs and other

household articles is false and concocted.

12. In his cross-examination, he has stated that he did

his engineering in Mechanical Branch in the year 1995 and

thereafter started giving tuitions and at present is running

Gurukul Tutorial, at Rajendra Nagar, Patna and same is located

in his house. He had purchased old house for Rs. 12 to 13 Lacs

in 2003 in which 600 to 700 students come for coaching in

different batches. There is girls hostel also in the institute. There

is a Gurukul Ladies Hostel in Road No. 11 in Rajendra Nagar

which is runned by him. In Dehradun he had purchased house in

2004 for Rs. 13 Lacs and the same is vacant. In Darbhanga, he

and his father had purchased land and constructed house over it.

He has no concern with said house. He has no coaching institute

in Darbhanga. In May-2009, Income Tax Department had raided

his coaching institute. The raid was conducted in Darbhanga,

Dehradun and Patna at his residence. He is running coaching

institute since 1995 and his marriage was solemnized on

10th May, 1995. After marriage, appellant-wife came to his

house at Darbhanga. He has three brothers and 2 sisters. The

appellant-wife lived one to two days gracefully in her
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matrimonial home and she is daughter of Executive Engineer

and was matric pass at the time of marriage. He has one son and

one daughter.

13. He has denied the suggestion of demanding Rs. 5

Lacs and torture for non fulfillment of said demand. The

appellant-wife had lodged a case under Section 498A of the

Indian Penal Code against him in Darbhanga court and prior to

that he has lodged the present divorce case. The native village of

the appellant-wife is in Darbhanga and her father has house in

Patna also. His ancestral house is in Darbhanga. At present the

appellant-wife is residing in her ancestral home at Darbhanga

and is Siksha Mitra for last five years. The bail granted to him

under Section 498A of the Indian Penal Code was cancelled and

Rs. 3500/- was directed to be paid as maintenance to the

petitioner by Patna High Court. Children are staying with him

and since 2004 they are studying in Dehradun and living in

hostel. As per the terms of the order of the High Court after

vacation in the School, children were to spend 15 days with

respondent-husband and 15 days with the appellant-wife but

none came from the side of appellant-wife to take the children.

He has good relations with his parents and one of his brother is

M.B.B.S while other is B.Tech and doing M.B.A. He used to
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give monetary help to his brothers. The appellant-wife had illicit

relation with his brother Amrendra Kumar. He came to know

about it in the year 2000 and he has love letters with him written

by appellant-wife to Amrendra Kumar, which is on record.

Amrendra Kumar was sent to Delhi for preparation of medical

examination. He has not seen illicit relation from his own eyes

but he has inferred on the basis of love letters. The appellant-

wife lived only for 15 days in his ancestral home at Darbhanga.

Thereafter she lived in Patna till 2001. His brothers used to live

with him before marriage and thereafter they were sent to

village and he and appellant-wife started living in a separate

house. His Father-in-Law had given him cheque of Rs. 5 Lacs

and he was given money to purchase house in Patna. On

16.07.2001, he had received 1.5 Lacs by cheque and the same

was the payment made against the amount taken by his in-laws.

He has denied the suggestion that in 2004 also he demanded Rs.

5 Lacs and after refusal he started torturing appellant-wife. His

grandmother died on 04.04.2004, in which appellant-wife also

came and he is not ready to keep his wife. He has denied the

allegation made by the appellant-wife of cruelty, desertion and

adultery as false. By mistake he has filed Matrimonial Case No.

63 of 2005 for grant of divorce but same was withdrawn.
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14. PW-2 is Akhilesh Kumar Singh, who on oath has

stated that he knows both parties and knows the respondent-

husband from 1993-94 and is on visiting terms with his family.

The appellant-wife was married on 10.05.1995 and both resided

in Patna at Malahi Pakri and he used to come to their house.

15. The behaviour of appellant-wife was not good from

beginning, she used to shout upon parents of respondent-

husband and frequently showed disrespect to them and was

never ready to live with her Father-in-Law and Mother-in-Law.

He always tried to make appellant-wife understand but she

never agreed and because of her aggresive nature all remained

unhappy and under stress.

16. She had developed illicit relation with brother of

appellant-wife and she was asked to improve her conduct but

she was not ready and thereafter his brother was sent outside.

The appellant-wife wanted to kill respondent-husband by

poisoning and they are living separately from 2001 and there is

threat of life to respondent-husband, if he lived with appellant-

wife.

17. In his cross-examination, he has stated that he was

appointed as ASI on 24.07.1990 and both parties are known to

him from 1995-96. He has friendship with respondent-husband.
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He saw appellant-wife for the first time in the year 1997 in her

matrimonial home. The appellant-wife was not ready to live

with her Mother-in-Law and Father-in-Law. He has no personal

knowledge about it but he came to know from respondent-

husband. The respondent-husband told him that there is illicit

relation between appellant-wife and his brother. The appellant-

wife has never misbehaved with him. The appellant-wife had

misbehaved with the respondent-husband in his presence in the

year 2000.The respondent-husband used to live in Malahi Pakri

along with appellant-wife and daughter. The parents of

respondent-husband used to live in Darbhanga.

18. PW-3 is Sheela Nath Lal, who is father of

respondent-husband. He has stated on oath that appellant is wife

of respondent. He was teacher in a primary School whereas

father of appellant was Executive Engineer and there was much

difference between social status of both the families. The

appellant came to her matrimonial home but was never

comfortable and did not want to live in her matrimonial home.

She always misbehaved with them and he and other family

members were pained by her behaviour and he tried to convince

her to live properly but it had no effect on her and she became

aggresive day by day. The opposite party-appellant went to live
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in her parental home. She had also developed illicit relation with

his second son and used to write love letters to him. The

appellant always misbehaved with his son and used to quarrel

with him and his son always remained under stress and strain.

He has denied payment of Rs. 5 Lacs and other household

articles and to commit torture on appellant for non fulfilment of

said demand. The appellant had lodged false and concocted case

against him and his other family members as result they have

suffered a lot and have to take bail from the court. It is not safe

for the respondent to live with appellant as his life will be in

danger.

19. In his cross-examination he has stated that appellant

lived with him in her ancestral home for four days i.e. from

11.05.1995 to 15.05.1995. She always misbehaved with him.

She used to stay in her ancestral house while going to her

matrimonial home. He tried to convince appellant but nothing

positive happened. He has not seen writing love letters by

appellant. In the year 2000, he saw such letter for the first time.

The said letter was seen by many persons. Only one letter was

received which was sent to Jai Shankar Kumar, his son by the

appellant and at that time he was studying in Class-X and he

was about 14 years of age. He has denied demand of Rs. 5 Lacs
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and other household articles for which criminal case under

Section 498A of the IPC was filed in Darbhanga by appellant

which is still continuing. He has denied of committing any

assault on account of non fulfilment of demand of dowry. One

son and one daughter was born from the said wedlock and both

are studying in Dehradun. They are studying in Class-6 and

Class-7. The appellant is living separately since 2001. In 2004

the appellant was called. The respondent runs coaching institute

and raid was conducted by Income Tax Department on

27.05.2009 in Darbhanga also.

20. PW-4 is Jai Shankar Kumar, brother of respondent-

husband. He has stated that they are middle class family and his

father is teacher in primary school and has since retired.

Whereas appellant comes from affluent family. His brother has

good academic record and runs coaching institute. He, his

brother, sister and parents reside in their ancestral house in their

native village and only respondent lived in Patna and runs

coaching institute. Appellant was arrogant and never respected

his brother. From the date of marriage behaviour of appellant

was not proper and she used filthy language against family

members and also misbehaved with them. Petitioner and their

father used to meet the expenses of their studies and thereafter
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he came to Patna to live together. The appellant did not want to

live in their native village. The appellant did not like her in-laws

who stayed in Patna and also prevented respondent-husband to

give any monetary support to the family members. He and his

brother Amrendra Kumar after doing matriculation started to

live in Patna with his brother. The appellant developed illicit

relation with Jai Shankar Kumar and thereafter with him. He

saw Jai Shankar Prasad in compromising position with appellant

and thereafter he returned to Darbhanga and thereafter appellant

wrote a letter to him disclosing her love for him which was

written by blood and the same has been marked as exhibit. After

his return to village, his brother also came to village and

thereafter left for Delhi for medical preparation. When they

were living in native village relatives of appellant came to their

village and fired upon brother and father but they managed to

escape and FIR was registered and they were sent to jail. A

conspiracy was also hatched in the year 2003-04 to kill his

eldest brother by poisoning but the said conspiracy was

unearthed and his brother was saved. Appellant is living

separately since 2001 after leaving her children and thereafter

she is residing with her parents.

21. In his cross-examination, he had stated that he has
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done his MBA and at present is not employed. His elder brother

is 10 years older than him and he runs one coaching centre since

1994-95 and he has good income. He started living with his

brother from 1997 and lived with him till 1999 to 2001. He was

preparing for engineering. His father was a teacher in primary

school and he retired in 2007. He has two sister and elder sister

is married. However, younger sister is still unmarried. The

appellant established physical relation with him which remained

for two years. First time physical relation was made in October-

1999 and he did not disclose such relation to his parents or his

brother. The appellant had also developed physical relation with

Amrendra Kumar and he has seen them in compromising

position in November-December-2001 and after which she has

physical relation with him also. She had also illicit relation with

driver Jitendra and one Sharma Jee. He came to know about it in

January-2002 and after knowing all this he started avoiding

appellant. After disclosure of letter everything came in open. He

said that the letter was kept in his brief-case which was kept in

Darbhanga. He has denied that all the allegations made by him

is concocted and false and letter is forged letter. The appellant

lodged a criminal case against family members which is still

pending. The opposite party-appellant left her matrimonial
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home in 2004.

22. PW-5 is Amrendra Kumar who is younger brother of

respondent. The marriage of appellant was solemnized with the

petitioner at the time he was final year student of engineering.

His father was teacher in primary school and they used to live in

their native village. Respondent was preparing for engineering

in Patna and opened engineering coaching institute in Patna.

Respondent used to give monetary help to both of his younger

brother and parents. The appellant was arrogant and did not pay

any respect to her in-laws and used abusive language against

them. She did not like to stay with her in-laws in her house in

Patna. She also raised objection for granting monetary help to

her family members by the respondent. The appellant did not

want to live in village. She used to leave her matrimonial home

and went to her parental home frequently without permission of

respondent. The appellant had developed illicit relation with him

and his younger brother. Once his younger brother Jai Shankar

came to house and saw them in compromising position

thereafter Jai Shankar left the house and went to native village

and thereafter appellant started writing love letters to Jai

Shankar Prasad and wrote ‘I Love You’ from her blood and he

has proved the diary in which the appellant had described her
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relation with them and the same was exposed after the letter and

diary came in the hands of his father. He thereafter went to his

native village and from there to Delhi for preparation of medical

examination. The appellant has left the company of respondent

since December-2001 after leaving her children and went to her

parental house and is residing there since then. In 2003 she had

hatched a conspiracy to kill the respondent by administering

poison but somehow he was saved.

23. In his cross-examination he had said that he passed

the matriculation in the year 1992 from Darbhanga and did +2

in the year 1994 from Darbhanga and thereafter for preparation

of medical in the year 1995 he came to Patna. He was admitted

to medical college in 2005 and lived there till 2011. Respondent

provided monetary help to him for his medical education.

Petitioner-respondent was married in the year 1995 to appellant

and at that time he was aged about 16 to 17 years. The appellant

when came to her matrimonial home she looked down upon the

family of respondent and their economic condition was not very

well. The family members were disappointed with the behaviour

of appellant and at the time of marriage, respondent was

residing in Mahendru and after 2, 3 years he went to

Kankarbagh. Behaviour of appellant was not good with his
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parents but his relation with appellant was normal. The

appellant made physical relation with him and in 1996 they

developed physical relation and the same remained for three to

four years. My brother started coaching institute. He has denied

the suggestion that the allegation made by him against the

opposite party-appellant is concocted and false and whatever

statement he has made is at the instance of his elder brother.

24. Appellant-wife in her deposition stated that marriage

between her and respondent was solemnized in the year 1995.

Her husband was a student of final year in Patna Engineering

College and he was also running coaching classes in the name

of Gurukul Tutorials. Coaching institute was being run in

tenanted premises and he resided also in tenanted premises.

Subsequently, he shifted his coaching institute in Rajendra

Nagar and Doctors colony. She used to live with her husband.

One daughter and one son was born out of the said wedlock and

at that time his Father-in-Law was a teacher. Her Father-in-Law,

Mother-in-Law and Brother-in-Law used to live in Darbhanga in

the ancestral house. When she lived in Patna with her husband,

her Father-in-Law and Mother-in-Law used to come there and

she used to respect her in-laws and took care of their needs. It is

wrong to allege that she provoked her Brother-in-Law for
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physical relations. The exhibited letters has not been written by

her and those are forged and fabricated. On demand made by

her respondent-husband, Rs. 4,00,000/- by way of cheque dated

21.02.2001 was given by his father to respondent-husband and

subsequently a cheque of Rs. 1,50,000/- dated 16.07.2001 was

given by her father to run the coaching institute on demand

made by respondent-husband. She was sent to ancestral village

of respondent-husband and pressure was build to bring more

dowry and on account of non fulfilment of which she was

tortured and abused and her precious belongings were also

snatched and she was ousted from the house and thereafter she

came to Patna. In the year-2004, her husband came to attend the

shradh ceremony of his grandmother and also brought petitioner

from her parental home from Patna and panchayati was held in

which the parents of husband accepted their mistake and assured

that in future such thing will not happen.

25. The respondent-husband thereafter again demanded

sum of Rs. 5 Lacs for construction of a coaching institute from

his father who expressed his inability to pay the said amount

and thereafter she was abused and assaulted and also her vein of

hand was cut which resulted in profuse bleeding. They also

stopped her food and was subjected to mental and physical
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torture and she was ousted from the house on 06.02.2005 and

she went to her uncle’s residence in Darbhanga and there also

her husband came and threatened to kill her.

26. She filed complaint case on 07.02.2005 against her

husband, Mother-in-Law, Father-in-Law both Brother-in-Law

and Sister-in-Law being Case No. 147 of 2005 under Section

498A of the Indian Penal Code and same is still pending.

27. The bail of the respondent-husband was granted on

the condition that he will pay Rs. 3500/- per month as

maintenance to the appellant and for 15 days the children will

live with the respondent-husband and 15 days with the

appellant-wife in Summer Vacation.

28. Her respondent-husband is still running a coaching

institute and also runs a girls hostel and with one girl namely

Shweta of Sitamarhi, he had developed illicit relation and on

objection being made by appellant regarding illict relation, she

was assaulted.

29. In her cross-examination, she stated that the

respondent-husband is running the coaching institute prior to the

marriage. The coaching institute flourished day by day and large

number of students got admitted there. In 1998 they used to live

in Kankarbagh in a tenanted premises and thereafter shifted to
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Rajendra Nagar. In Rajendra Nagar coaching institute was

shifted on the land purchased by the respondent-husband.

Criminal case lodged under Section 498A of the IPC, is prior to

the divorce case. She did not lodge any complaint with respect

to torture and abuse prior to 2005. When she was ousted on

06.02.2005 from her matrimonial home after assault she lodged

criminal case under Section 498A of the Indian Penal Code in

Darbhanga. She did not got treated in Government hospital and

she has no injury report but she was treated by a private Doctor.

She does not have any documentary evidence regarding

payment Rs. 5 Lacs. She is in job since 2007.

30. DW-1 Md. Ubaid, in his deposition stated that he

retired in the year 2006 from Jharkhand State Electricity Board

and thereafter residing in Patna, and he knows the appellant-

wife Meenakshi, whose nick name is Pinky. He also knows the

father of the appellant-wife Tara Chand Dev Arvind and both

have old relations and are on visiting terms. The appellant told

him that her in-laws used to assault her and also demanded

dowry and stopped food to her and ousted her after assault.

31. DW-2 is Bhola Rai, who in his deposition stated that

appellant and his family is known to him from 1992 to 1997 as

he is Electrician (Bijli Mistri) in Ramgarh and he was also
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present during marriage in 1995 in Ramgarh and was also

engaged in making arrangement for marriage. After 1998, he

came to his village and living there. He came to know from the

father of the appellant in the year 2002, that she was being

tortured. He used to have talk with her and she told that her in-

laws behaviour was not good and they used to demand dowry

and also tortured her.

32. In the year 2004, the husband took her to attend the

shardh ceremony of his grandmother and ousted Meenakshi

from matrimonial home and since then she is living in her

parental home.

33. DW-3 is Sanjeev Kumar, who is brother of appellant

and in his deposition, he stated that he is younger brother of

appellant and denied that his sister ever insulted her in-laws

rather in-laws of his sister always misbehaved with her and

asked to bring dowry from her parent. Respondents pressurized

his appellant-sister to bring Rs. 5 Lacs from her father to

purchase house in Patna since his father had retired, he was

unable to give said amount upon which her sister was stopped

food and assaulted and mentally tortured. Her sister used to say

all these things to him. Her sister Meenakshi filed a case under

Section 498A of the IPC against her in-laws. The respondent-
Patna High Court MA No.560 of 2013 dt.22-06-2018
24/30

husband had illict relation with Shweta Kumari of Sitamarhi. He

has no personal knowledge whatever he has stated but he was

informed about assault, torture and demand of dowry by the

appellant.

34. DW-5 is Tara Chand Dev Arvind, father of the

appellant, who in his deposition stated that marriage was

solemnized on 10.05.1995 in Ramgarh, Hazaribagh, where he

was posted as Executive Engineer in the Electricity Board and

he retired on 01.01.2001. Soon after marriage her in-laws started

demanding Rs. 5 Lacs and Colour T.V., Fridge and utensils and

he gave a cheque of Rs. 4 Lacs on 21.02.2001 and thereafter her

daughter was pressurized for more money and for which she

was abused and assaulted and he gave a cheque of Rs.

1,50,000/- on 16.07.2001 to the respondent-husband to purchase

land in Patna to run a coaching institute. Still thereafter the

respondents used to demand money but he showed his inability

to pay more money and thereafter her daughter was refused food

and assaulted and subjected to mental and physical torture. Her

daughter was sent to the native village where she was subjected

to torture for demand of dowry. The respondent took the

appellant to attend shradh crermony of her grandmother but she

was tortured, assaulted and ousted from the house and thereafter
Patna High Court MA No.560 of 2013 dt.22-06-2018
25/30

she came to her parental house and on 07.02.2005 in the court of

Chief Judicial Magistrate, Darbhanga a criminal case under

Section 498A of the Indian Penal Code was instituted. The

anticipatory bail of the respondent-husband was refused by

lower court but in High Court, he was granted bail on the

condition that children shall live with him for 15 days during

vacation but the same was not honoured by the respondent-

husband. The allegations made against the appellant is false. She

came to know about illicit relation of respondent-husband with

one Shweta of Sitamarhi who was residing in the girls hostel,

but he has no evidence to support such allegation. He has no

written document of payment of dowry and torture on appellant

for non fulfilment of said demand.

35. On the basis of evidence adduced on behalf of the

respondent-husband, it is apparent that PW-1 father of the

plaintiff was a school teacher and his mother housewife whereas

father of defendant was Executive Engineer and defendant was

brought up in affluent family and there was disparity of

economic and social status between the families. The marriage

was solemnized when respondent-husband was student of final

year of engineering and he had many obligations and liabilities

of the family after doing his B.E. course. He started a coaching
Patna High Court MA No.560 of 2013 dt.22-06-2018
26/30

institute on his own without any support from his family and

soon the coaching institute flourished and he was having good

income from his institute. He wanted that his wife should show

due respect to his parents and love and affection to his brothers

and sisters but she failed to discharge her obligation as

Daughter-in-Law and never paid due regard to her in-Laws and

never cared about their welfare and well being. It has come in

the evidence that she always insisted that he should be separated

from his parents and brothers and should not spent any amount

of his earning on them for which this petitioner was not

agreeable and that caused dispute between them and relations

between husband and wife became strained and the appellant

wife did not improve her behaviour, as such the relations kept

on deteriorating day by day. The appellant-wife was sent to

native village of her in-laws but she could not live there and

started abusing her in-laws and refused to take care of them and

when it came to the knowledge of petitioner, he brought

appellant to his residence at Patna where his two brothers and

sisters were living and were preparing for competitive

examinations, however, she developed physical relation with her

Brother-in-Law which was admitted by both the brothers in their

deposition and one had to send to Delhi for medical preparation
Patna High Court MA No.560 of 2013 dt.22-06-2018
27/30

and subsequently he qualified and became Doctor, and has

supported the case of his brother and allegations made against

the appellant. Similarly, the younger brother also qualified in the

engineering test and was admitted to engineering college and he

has also supported the case of his brother and allegations made

against the appellant was correct. Due to strained relations, two

children born out of the wedlock had to be kept in boarding

school at Dehradun and all expenses on their teaching were

being met by respondent-husband and she was very careless and

never cared about the career of their children. It has further

come in evidence that a criminal case was filed against

respondent-husband in which all the family members were

roped in by the complainant-appellant without any reason as

there was no allegation of any demand of dowry or torture

against the appellant and only because she was unable to give

due respect to family members and perform her obligations of

of wife and failure of which resulted in strained relations

between the parties and she made all the family members

accused in said complaint case and thereafter it became difficult

for the respondent to maintain and keep the matrimonial relation

with his wife.

36. In the written statement filed by the appellant wife,
Patna High Court MA No.560 of 2013 dt.22-06-2018
28/30

she has alleged illicit relation of respondent-husband with

Shweta Kumari of Sitamarhi but has failed to establish any

illicit relation with her husband-respondent and making

allegation of extra marital relation without any evidence to

substantiate, such allegation itself amounts to cruelty and

appellant-wife failed to establish or to bring any evidence in

support of such allegation and same amounts to mental cruelty

and such reckless allegations effects reputation of a person in

society.

37. Evidence have been adduced on behalf of the

defendants and all other witnesses except the defendant herself,

have no personal knowledge of any demand of dowry, torture or

assault on the appellant-wife they have gathered this

information on the basis of statement made by appellant-wife

and his father. The appellant has not brought any evidence of

demand of dowry, torture or assault committed by the

respondent-husband on her and all allegations are vague and

omnibus in the written statement as well as evidence of

defendant-wife before Family Court. The trial court after

scrutinizing all the evidence on record adduced by both parties

has come to the conclusion that respondent-husband has made

out a case for grant of divorce on the ground of cruelty.
Patna High Court MA No.560 of 2013 dt.22-06-2018
29/30

38. It is true that in the year 2004 respondent-husband

had took appellant-wife to her matrimonial home to attend the

Shradh Ceremony of Grandmother of respondent-husband and

his said conduct will amount to condonation of past misconduct

but it also proved to be a futile attempt and short-lived as

differences and discord between the parties could not be patched

up and appellant-wife again left matrimonial home and

thereafter lodged criminal case against her husband and in-laws

in the year 2005.

39. The appellant-wife and respondent-husband are

living separately for more than 15 years. The separation has

created an unbridgeable distance between the two. The

Apex Court in case of K. Srinivas Rao Vs. D.A. Deepa

reported in (2013) 5 SCC 226, has held as follows:-

“We are also satisfied that this marriage has
irretrievably broken down. Irretrievable breakdown
of marriage is not a ground for divorce under the
Hindu Marriage Act, 1955. But, where marriage is
beyond repair on account of bitterness created by
the acts of the husband or the wife or of both, the
courts have always taken irretrievable breakdown
of marriage as a very weighty circumstance
amongst others necessitating severance of marital
tie. A marriage which is dead for all purposes
cannot be revived by the court’s verdict, if the
parties are not willing. This is because marriage
involves human sentiments and emotions and if
they are dried-up there is hardly any chance of their
Patna High Court MA No.560 of 2013 dt.22-06-2018
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springing back to life on account of artificial
reunion created by the court’s decree.”

40. This Court does not find any error in the

judgment and order passed by the Family Court and

evidence has been properly appreciated and sound reasons

have been given for grant of divorce, as such this Court is

not inclined to interfere in the order passed by the Family

Court and accordingly, this miscellaneous appeal stands

dismissed.

(S. Kumar, J)

Dr. Ravi Ranjan, J.: I agree

( Dr. Ravi Ranjan, J)

ranjan/-

AFR/NAFR AFR
CAV DATE 22.06.2018
Uploading Date 27.06.2018
Transmission Date N.A.

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