Santosh Nayak vs Savita Sharma

Heard.

This appeal under Section 28 of Hindu Marriage Act is directed against the judgment and decree dated 23/6/2009 passed by Third Additional District Judge, Vidisha in Civil Suit No. 63-A/ 2008 (HMA). The suit filed by plaintiff-husband for divorce under Section 13(1)(i-a)(i-b) of Hindu Marriage Act has been dismissed.

Facts pleaded in the plaint are to the effect that marriage between the defendant-wife and plaintiff-husband was solemnized on 2/7/2006. It appears that since beginning, there were mental incompatibility between the two. There was no cohabitation between the two. More than eight years period has passed by since the day of marriage. There are allegations and counter allegations against each other. Plaintiff-husband has alleged that he had gone 2-3 times at his in-laws place to bring defendant-wife, but it is defendant-wife who prefer to stay with her parents. Despite persuasion, she adopted typical hostility towards him and his parents and other family members. Reason for such ''don''t care'' attitude was never known to the plaintiff. Defendant-wife also threatened for doing suicide and never agreed to live in the family as member of the family. She behaved and talked rudely due to which atmosphere at home was totally disturbed and tensed. It is also alleged that as she had some illicit relationship with someone and therefore, she prefer to stay with her parents. In fact she never lived in the family like a daughter-in-law. With the aforesaid allegations, the suit is filed on the ground of cruelty and desertion.

Defendant-wife controverted the allegations and submitted that plaintiff never inclined to keep her with him. He and his family members had been making unreasonable demand of dowry though her father has spent huge amount at the time of marriage and had given a lot of articles to plaintiff at the time of marriage. It is also alleged that plaintiff-husband had illicit relations with some girls, therefore, decline to cohabit with her and to accept her as his wife. Because of his rude and ''don''t care'' attitude, she had to go away though she always inclined to live with plaintiff, but plaintiff never made sincere efforts to bring her back. On the aforesaid allegations, it is submitted that the suit as filed does not warrant passing of decree of divorce on the ground of cruelty and desertion.

On the aforesaid pleadings, trial Court framed issued and allowed parties to lead evidence. Though trial Court has found that both the parties appear to be not at all interested to live together, the allegations and counter allegations against each other as regard illicit relationship have not been found proved. Further the incidents quoted by the plaintiff against defendant -wife to substantiate the ground of cruelty, has been found to be not established for the reasons that same were part of married life and minor disputes between the two cannot be construed to establish the ground of cruelty. The trial Court has also found that the facts and circumstances suggest that there was no desertion of the plaintiff by the defendant-wife. With the aforesaid findings, based upon proper evaluation of the evidence on record, trial Court dismissed the suit.

Having perused the impugned judgment and decree, this Court is of the view that there is no dispute about the fact that defendant-wife and plaintiff-husband are not living together for last more than 7-8 years. Under such circumstances, love is lost and emotions are dried. There is no such feeling of husband and wife between the two. This Court tried that parties may resolve the dispute and difference between two; however, attempts fell in vain. In view of aforesaid, this Court is of the view that no useful purpose will be served if issues are adhered on merits as decision either way, there would be further animosity and aggravation of situation as in the past which shall not be in the interest of either of the two. Hence, to strike a balance and allow both the parties to lead their life with full ease and comfort, this Court inclined to invoke jurisdiction under Section 28 of the Hindu Marriage Act. Appeal is therefore, disposed of. To do complete justice between the parties, under Section 25 of the Hindu Marriage Act in light of judgment rendered by Hon. Supreme Court in the matter of Medha Ashok Panchabhai Vs. Ashok Atmaram Panchabha , we grant permanent alimony of Rs. 5,00,000/- (Rs. Five Lacs only) as full and final payment to the defendant-wife by the plaintiff-husband in five equal installments in a span of one year.