Avinash Kumar Tiwari vs Mala Tiwari
2022 Latest Caselaw 835 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Appellate Jurisdiction)

                                 FA No. 32 of 2020
Avinash Kumar Tiwari                                               ... ... Appellant
                                      Versus
Mala Tiwari                                          ... ... Respondent
                         ------

CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

-------

    For the Appellant     : Mr. Pratik Sen, Advocate
    For the Respondent    : Mr. Ashok Kumar Pandey, Advocate
                                       --------
                            rd
Order No.07/Dated: 3 March 2022

The present First Appeal has been admitted for hearing vide order dated 28th September 2021, after the efforts for conciliation between the parties pursuant to the order dated 8th March 2021 of this Court failed and a report was produced before this Court vide Flag-X dated 16th April 2021.

2. Mr. Pratik Sen, the learned counsel for the appellant, assails the judgment in Original Matrimonial Suit No. 586 of 2016 primarily on two grounds viz. (i) filing of false case by the wife amounts to cruelty and (ii) various incidents including threat of suicide by the wife would also amount to cruelty.

3. The learned counsel for the appellant refers to the judgment in "K. Srinivas Rao v. D.A. Deepa" (2013) 5 SCC 226 and "Sivasankaran v. Santhimeenal" 2021 SCC Online 702 to fortify his contentions.

4. After taking this Court through the evidence of the appellant tendered by him during the trial as PW1, the learned counsel for the appellant seeks accommodation by one day for preparing a chart on various incidents and acts of the wife which, according to him, would amount to cruelty but were not considered by the learned Family Court.

5. The learned counsel for the appellant further submits that several documents were produced by the appellant during the trial of Original Matrimonial Suit No. 586 of 2016 to establish that the appellant suffered such mental cruelty which would have entitled him for a decree of divorce by dissolution of marriage, but, the learned Family Court Judge has written in the judgment dated 31 st January 2020 that no documentary evidence was laid by the petitioner (the appellant herein).

6. Post this matter on 7th March 2022.

7. Part heard.

                                                     (Shree Chandrashekhar, J.)


SB/Nibha                                              (Ratnaker Bhengra, J.)