Allowed

Soniya Harmole v. Ravishankar Harmole

Chhattisgarh HC15 Jun 2023FA(MAT)/18/2020

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Family Court decree granting divorce to the husband. The Bench set aside the divorce decree, determining the husband's allegations of cruelty were trivial and unsubstantiated, while the wife's conduct implicated in false allegations and unreasonably insisting on separation constituted cruelty. Monthly maintenance of 10,000/- was granted to the wife.

What did the court decide?

Divorce decree set aside. Appeal allowed. Permanent monthly maintenance of Rs. 10,000/- granted to the wife.

Soniya Harmole Vs Ravishankar Harmole — Matrimonial and Divorce | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

FA(MAT) No. 18 of 2020

¶5

Soniya Harmole W/o Ravishankar Harmole Aged About 22 Years Occupation- Housewife, Resident of Village Ghota, Police StationPandatarai, District- Kabirdham Chhattisgarh Present AddressLingiadih Chinrajpara, District- Bilaspur Chhattisgarh. ---- Appellant

¶6

Versus

¶7

Ravishankar Harmole S/o Devchand Harmole Aged About 28 Years Occupation- Wireless Operator, Police Superintendent Officer, Dantewada, District- Dantewada Chhattisgarh Present Address- ---- Posted at Kawardha, District- Kabirdham Chhattisgarh.

¶8

Respondent

¶9

For Appellant : Ms. Sharmila Singhai, Advocate with Mr. Kawaljeet Singh, Advocate. For Respondent : Shri Anil S. Pandey, Advocate

¶10

Hon’ble Shri Justice Goutam Bhaduri &

¶11

Hon’ble Shri Justice Sanjay Kumar Jaiswal

¶12

Judgment on Board

¶13

(15.06.2023)

¶14

Per Goutam Bhaduri, J,

¶15

1. The present appeal is against the order dated 07.01.2020 passed by the learned Family Court, Kabir Dham, in Civil Suit No. 06-A/2018 whereby the decree of divorce was granted to the husband.

¶16

2. The husband preferred the petition on the ground that the parties were married in the month of April 2015, thereafter the wife misbehaved with

¶17

¶18

the family members and without any sufficient cause or permission used to often visit the parental home and insisted husband to get separated and stay apart from his parents. The husband further alleges that on 25.06.2017 without rhyme or reason, the wife started living at her parental home and false allegations were attributed that the husband is in illicit relation with another girl outside the marriage. Therefore on the ground of cruelty, the divorce was sought for.

¶19

3. In reply to the allegation, the wife contended that because of the reason that she was subjected to torture for demand of dowry coupled with the fact that the husband himself disclosed the fact that he is in relation with a girl outside the marriage, the dispute occurred. It was further stated that the wife though joined the company of the husband at the place of posting but there too the attitude of the husband did not improve and she was physically tortured and even after she became pregnant, she was not being looked after and was given the medical treatment. Under these circumstances, the parents of the girl took their daughter to maternal home to take care of her and provide proper medical attention. Therefore, on these averments, the decree as sought for was resisted.

¶20

4. Learned Family Court framed the issues on the ground of cruelty and held that the husband is entitled to get decree of divorce. The husband at his behest examined himself and two other witnesses whereas the wife examined herself. The learned family Court after evaluating the facts passed a decree of divorce in favour of the husband. Hence this appeal by the wife.

¶21

5. The learned counsel for the appellant would submit that there is no evidence on record to substantiate the ground of cruelty. During the examination of the husband, the photographs were confronted to show that the husband was in intimate relation with another lady outside the marriage

¶22

¶23

which was admitted by the husband to be his photograph but those facts were ignored by the learned family Court. He further submits that the evidence on record also shows that trivial allegations have been attributed and even the application u/s 9 filed by the husband got dismissed without the facts being decided on merits. He further submits that during the pendency of dispute, as per the information received, the husband has performed another marriage. He refers to photographs which is filed in appeal and submits that for this reasons alone, the husband projected a false ground to get a divorce which the learned family Court failed to appreciate and granted a decree of divorce otherwise, therefore, the appeal be allowed and decree of divorce be set aside.

¶24

6. Per contra, learned counsel for the respondent would submit that the wife insisted the husband to stay apart from his parents and the application which was filed u/s 9 was withdrawn for the reason that the wife extended threat to the husband to implicates in a false case. He would further submit that there is no evidence on record to prove that the husband was in relation with a girl outside the marriage and since the nature of such allegations levelled against the husband were not proved, the act of wife would amount to cruelty. He placed reliance in Narendra Vs. K. Meena AIR 2016 SC 4599 to contend that when there is nothing to substantiate the allegations levelled by the wife with regard to an extra marital affair, levelling of such allegations by the wife and character assassination of the husband would amount to mental cruelty. He further submit that in Narendra Vs. K. Meena (Supra) the Court further held that persistent effort of wife to constrain the husband to be separated from his parents constitutes an act of cruelty, for which, the decree of divorce can be granted to the husband. Learned counsel for the respondent submits that the law laid down in Narendra Vs. K. Meena (Supra) has been followed by this Court in Smt. Nalini Mishra Vs. Surendra Kumar Patel decided on 18.8.2022 and would submit that

¶25

¶26

the order of the court below is well merited, which does not call for any interference.

¶27

7. We have heard learned counsel for the parties and have also perused the records. The averments and the pleadings would show that the wife was insisting the husband to stay apart from their parents and without any reason, she often used to go to her parental house and used to talk on mobile with her parents, family members continuously. Further the averments are that the wife clamped allegations of extra-marital affairs on the husband and having clamped those charges before the department wherein the husband respondent was working, it had tarnished the image of the husband resulting into mental cruelty. It was further stated that she left the husband and started residing at her parental place since 2017, therefore, the application u/s 9 was forced to be withdrawn at the best of the wife. These the allegations have been denied by the wife. Instead, it is stated that after the marriage, she was initially subjected to cruelty for dowry and after the marriage ceremony, when the wife went along with the husband to his place of posting at Dantewada there the husband himself disclosed that he is in relation with a girl namely Rekha who is a resident of Dantewada and under compulsion, he performed marriage with non-applicant. Then after listening the words of the husband, the non-applicant wife said that if the husband loved a girl namely Rekha, then why did he spoil her life and warned that if the husband keeps on relation with Rekha, again she will report/complain to his department and police station and on this matter the family dispute got further raked-up. Thereafter, the husband used to take liquor and beat the wife under the influence of liquor and threatened to kill her and the husband also told his wife that he would live with Rekha. She has further stated that when she became pregnant, her physical condition was deteriorated. Thereafter, the mother of the wife came there and took her daughter for proper treatment and care of the girl. The wife has also stated

¶28

¶29

in her reply that the husband even hurled abuses on her mother Radha Bai and thrashed the non-applicant in front of her mother. Then Radha Bai went to the Police Station Dantewada with her daughter and asked for security by making verbal complaint to the City Inspector posted there, on which city inspector called the husband and reprimanded him. Therefore, the allegations made by the husband was not accepted.

¶30

8. In support of pleadings, the statement of husband would show that the wife was not comfortable after the marriage and on 25.06.2017, she left the matrimonial home without any reason. The application for divorce was filed on 31.01.2018, therefore, the question of desertion does not come for consideration. The statement would further show that the husband had filed an application u/s 9 for restitution of conjugal rights, but the same was got withdrawn. The statement of the husband would show that the application u/s 9 was withdrawn as the wife had filed application u/s 125 of Cr.P.C., and Domestic Violence Act. Copy of such order or any copy of the petition has not been placed in this case. It is only a bald statement made by the husband. What was the reason for withdrawal of application u/s 9 has not been substantiated. A perusal of statement of the wife shows that on the contrary at para 21 a suggestion was given to the wife that a compromise was effected u/s 9 in between the husband and wife which leads to suggest that certain compromise was effected as was suggested at the behest of the husband.

¶31

9. The wife stated that the husband was having relation with one girl. In order to prove the same, a report made to the Police on 07.10.2017 has been placed and marked as Ex.P.A.1. Reading of it would show that the wife made a report that she was orally abused because of the repeated saying of husband that he does not want to keep her as he kept another lady namely Rekha as his wife. The said report was not taken cognizance

¶32

¶33

as it was between the husband and wife. During the course of evidence, in cross examination of the husband, the Photographs Article A-1 was produced. The photographs of Article A-1 when was confronted, the husband admitted that in such photographs, he identified himself. However, he denied the identity of the girl. A perusal of the photograph would show that the lady appears in the photographs and the image of respondent was cozy and got their photographs clipped and the husband in the evidence has not challenged the authenticity of such photographs. Further during the cross examination, a question was posed by the Court that whether he was ready and willing to take the wife along with child from the Court itself. In answer to it, he stated that the wife does not repose confidence in him and she has tarnished his reputation and insisted to stay apart from his parents. The evidence which has come on record would show that the respondent/husband was posted at Dantewada whereas their matrimonial home is at village Ghota at Kabhirdham. Therefore, such allegations of husband that the wife insisted the husband to stay apart from their family appears to be diluted.

¶34

10. The statement of the wife would further show that after 20 days of marriage, she went along with the husband to Dantewada and thereafter an application was filed by the husband for restitution of conjugal rights but the same was withdrawn. Further the cross examination of the wife would show that after 15 days of her delivery, she came to village Ghota along with her brother where she stayed 10 months. She herself says that she was forced to go away by the husband on which the society members intervened and the husband was forced to keep her. Thereafter, she went along with her mother and father for treatment of son at Bilaspur. With respect to the suggestion as to whether the husband was seen in the company of another lady outside the marriage, it is stated that she has heard while he was talking on mobile and in respect of filing of report when she was suggested

¶35

¶36

whether any report was made about the illicit relation of her husband, she has stated that she made an oral report at the Police Station Dandewada. This fact is further corroborated by Ex..N.A.1 which was made on 07.10.2017 wherein the similar allegations were attributed to husband about the illicit relation with a lady outside the marriage. In respect of allegations of like nature, the preponderance of probability in the evidence are required to be looked into. On going through the relevant portion of allegations and the evidence, it cannot be inferred that there is no iota of evidence against the husband, may be the degree may be less but to brand the allegations as unfounded cannot be sustained. The allegations of the husband appears to be trivial in nature. More so, it is apparent from the conduct of the husband that when he was suggested to take back the wife during the course of trial, he categorically avoided to take back her on trivial grounds. Under the circumstances, we are of the view that the judgment and decree passed by the learned Family Court requires interference, thereby it needs to be set aside. Accordingly, we allow the appeal and set aside the judgment and decree passed by the learned Family Court.

¶37

11. With respect to permanent alimony, the affidavits have been placed on record which shows that the husband is getting a salary of Rs.41,800/whereas the affidavit of wife would show that an amount of Rs.6000/- i.e., Rs.4500/- for the wife and Rs.1500/- for the child is granted as interim maintenance. It appears that the wife has no source of income. Considering the present market rates and inflation and to further avoid multiplicity of proceedings, we deem it appropriate that Rs.10,000/- be granted as monthly maintenance to the wife henceforth. Accordingly, the husband shall pay an amount of Rs.10,000/- as monthly maintenance of the appellant wife. The deduction shall be made from source and would be paid to the account of wife.

¶38

¶39

12. It is made clear that as and when salary is reciprocally increased, the amount of maintenance shall also be increased proportionally to the extent

¶40

of increase of percentage in future salary, which the wife would be entitled to receive. A decree be drawn accordingly.

¶41

Sd/Sd/(Goutam Bhaduri) (Sanjay Kumar Jaiswal) Judge Judge

¶42

R a o

Soniya Harmole v. Ravishankar Harmole

Case brief

What is this about?

What did the court decide?

Soniya Harmole v. Ravishankar Harmole

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Lachhram @ Chhote Lal Sahu Vs State of Chhattisgarh

Ajay Gain Vs State of Chhattisgarh

Jaswant Patel Vs State of Chhattisgarh

Rohit Kumar Sahu Vs State of Chhattisgarh

Rajesh Sarkar (M/s Sarkar Construction) Vs Smt. Bela Rani Bose

Smt. Suman Tamrakar Vs Subhash Tamrakar