Shivashankar vs Jyoti

S.N. Satyanarayana, J. - The respondent in Criminal Miscellaneous No. 41 of 2014 on the file of the Family Court, Bellary, has come up in this petition seeking quashing of the same.

Brief facts leading to this petition are as under:

The petitioner and respondent were husband and wife. Their marriage was solemnized on 21/09/1990. The records would disclose that at the time of marriage of the petitioner with the respondent, his first wife was on death bed with 3 children who were in the age group of 10 to 20 years. Out of that two are daughters and one is son. The records would disclose that immediately after his marriage, his first wife died. Thereafter these two continued taking care of the children.

When the matter stood thus, it is stated that the petitioner herein filed a petition for decree for divorce against his wife under Section 13(a)(ib) of the Hindu Marriage Act seeking dissolution of his marriage with the respondent herein who is also respondent in the said proceedings. The aforesaid proceedings was initiated on 13/06/2006 which came to be allowed ex parte by order dated 23/03/2007. Grievance of the respondent herein is that she was not even aware of the aforesaid proceedings resulting in dissolution of her marriage with the petitioner herein and it is her assertion that as on the date when this petition was pending consideration, she was living happily with the petitioner in the matrimonial house which is situated at 5th Cross, Robertsonpeth. KGF.

To substantiate the same, the respondent herein would produce additional documents today along with objection to the main petition wherein document No. 4 is copy of sale deed dated 08/02/2006 executed by the petitioner M. Shivashankar in favour of one Jyoti registered in the office of the Sub-Registrar, Bangarpet. The said sale deed which is registered as document No. 2915 of 2005-06 and recorded in Book No. 1 in the Sub-Registrar''s office would indicate that the petitioner has secured signature of the respondent herein as witness wherein her status is shown as wife of Shivashankar and resident of 5th Cross, Robertsonpeth, KGF, as on 08/02/2006.

The said document would clearly establish the fraud played by the petitioner herein in securing an ex parte decree of divorce against his wife in M.C.No. 25 of 2006 wherein the averment made by him is to the effect that since 04/03/2004, the respondent Smt. Jyoti has left the matrimonial house without his consent, knowledge and without bothering the welfare of the petitioner herein, his minor son aged 17 years and two married daughters, who were at that time settled in the house of their respective husband. This clearly indicate that the petitioner herein is a liar, a cheat and would stoop to any level not only to cheat his wife respondent herein but also the court based on the false decree which he has secured.

In this proceedings, he is trying to persist that there is no relation of husband and wife between the petitioner and respondent which this Court refuse to accept in the light of the fraud which is played by him. It is further stated that he has paid the entire sale consideration which was received under the sale deed dated 05/02/2006 to the respondent herein. In addition, he has also paid another sum of Rs. 5,00,000/- and Rs. 2,00,000/- which was kept in fixed deposit in her name. Therefore, he has given the full amount required for maintenance by respondent herein in full and final settlement of his liability.

The said statement is denied by the respondent on the ground that though a sum of Rs. 5,00,000/- is given to her by way of cheque, the petitioner has withdrawn the same from time to time and taken away most of the money. Looking at the conduct of the petitioner in securing the decree of divorce by showing as if he was not living with his wife at the time of filing of the petition, this court has a little doubt about the allegations made by the petitioner. In that view of the matter this Court find that there is justification in respondent filing a petition in Crl. Misc. No. 41 of 2014 seeking maintenance for herself when admittedly the petitioner is having vast properties and besides that he is indulging in several tactics of getting rid of this woman as his wife and also making an attempt to deny her legitimate share for maintenance and separate residence.

With such observation, the present petition is dismissed imposing cost of Rs. 15,000/- which shall be deposited before this Court within one month from today. As and when the said amount is deposited, a sum of Rs. 10.000/- is ordered to be released in favour of the respondent towards cost of litigation and Rs. 5,000/- shall be appropriated to the court for the fraud he has played in securing the decree of divorce by filing M.C. No. 25 of 2006 on the file of the Civil Judge (Senior Division) KGF. With the above said observation, this petition is dismissed.