Document Fragment View

Matching Fragments

26. PW-3 is Narain Sao, who in his deposition had stated that he knows both the respondent-husband and appellant- wife very well and had been tenant in the house of the father of respondent-husband from 1993 to December-2001. He has kirana shop and he had good relations with the family of the Patna High Court MA No.690 of 2014 dt.16-01-2018 respondent-husband and is on visiting terms. He had further stated that the marriage of Mahesh Kumar (respondent-husband) was solemnized with Rekha Devi (appellant-wife) in the year 1994. The father of Rekha Devi used to pressurize Mahesh Kumar to bring money from his father, as a result the relation between the respondent-husband and appellant-wife and his in- laws started deteriorating and the behaviour of appellant-wife Rekha Devi became cruel with the respondent-husband and Rekha Devi used to roam with naxalite leader Ramashish Thakur and there is allegation of having illicit relation with him. On the basis of her relations with naxalite leader, she used to ill treat the respondent-husband and her in-laws. Appellant-wife Rekha Devi, was of obstinate nature and in spite of being forbidden by her in-laws she used to roam with naxalite leader Ramashish Thakur against their wishes and many times also did not return in the night. The appellant-wife Rekha Devi misbehaved and was of low virtue. Rekha Devi use to live with her husband and also many times physically assaulted respondent-husband Mahesh Thakur for which the respondent- husband had to approach the Doctor for treatment. The appellant-wife also misbehaved with her Father-in-Law and Mother-in-Law and after much quarrel when Rekha Devi went Patna High Court MA No.690 of 2014 dt.16-01-2018 to her parental house, her husband Mahesh Thakur and her Mother-in-Law went to take her back to her matrimonial house, Rekha Devi abused and assaulted her Mother-in-Law and Mother-in-Law fell down and received head injury. This incident is of June-1996. Behaviour of Rekha Devi with her children was also very rude and cruel and she used to beat her children on trivial issues and used to throw utensils and break utensils and she totally loss control over her and has given instances of cruelty towards her children and husband. she was also of unpredictable behaviour and due to torture one of the children lost consciousness and he also reached the house of Mahesh Thakur after hearing much hue and cry and he took the children to the Doctor, this incident is of October-2000. Rekha Devi used to threaten on trivial issues that she will sprinkle kerosene oil and set her on fire and will implicate the whole family. On many occasions police had to intervene in their family matters. Rekha Devi used to take help of naxalites to torture her husband and also naxalites demand ransom at the instance of Rekha Devi and on one occasion the leader of naxalite Ramashish Thakur got arrested by the police when he was demanding ransom from Mahesh Thakur. Rekha Devi had deserted Mahesh Thakur and started living with said Ramashish Patna High Court MA No.690 of 2014 dt.16-01-2018 Thakur and had been frequently seen in the market with said naxalite leader Ramashish Thakur. There is threat of life of Mahesh Thakur from Rekha Devi. Rekha Devi instituted false case against Mahesh Thakur and his family members for demand of dowry. From the behaviour and conduct of Rekha Devi, it became impossible for Mahesh Thakur to live with her and thereafter the respondent-husband filed the case for dissolution of marriage.

27. PW-4 is Manohar Prasad, who in his deposition had stated that he is neighbour of Mahesh Thakur from 1991 and being neighbour he has good relations with Mahesh Thakur and his family members. The marriage between Mahesh thakur and Rekha Devi was solemnized in the year 1994. Rekha Devi and his family always used to demand money from Mahesh Thakur and on one or two occasions Mahesh fulfilled the demand of his wife and in-laws and when Mahesh refused to fulfill the demand of his in-laws the relation between the respondent-husband and appellant-wife and his family deteriorated. He had seen the cruel and ill behaviour of Rekha Devi with Mahesh Thakur and her children. Rekha Devi had developed illicit relation with naxalite leader Ramashish Thakur. The naxalites used to abuse and assault Mahesh Thakur at the Patna High Court MA No.690 of 2014 dt.16-01-2018 instance of Rekha Devi. Rekha Devi was of obstinate nature and in spite of being forbidden, she openly used to roam with naxalite leader Ramashish Thakur and also attend the meetings and sometimes also did not return to her house. Rekha Devi was ill mannered and was of low virtue. Rekha Devi lived in her matrimonial home for a short period. Many times Rekha Devi injured Mahesh Thakur by her teeth and nail, and for this Mahesh had to consult the Doctor for treatment. This incident is of November-2000. Rekha Devi's relation with her Mother-in- Law and Father-in-Law and other family members was very cruel. Once, Rekha Devi after much quarrel left her matrimonial home and when her Mother-in-Law and husband Mahesh Thakur went to bring her back, she abused and assaulted her Mother-in-Law and she suffered head injury and blood started oozing out from her head and bandage was tied on her head. She had told that Rekha Devi had caused the injury to her. This incident is of June-1996. Behaviour of Rekha Devi towards her children was also very torturous. On trivial issues, she started beating her children and thereafter started throwing away utensils and her behaviour was out of control. Many times, she start throwing utensils on road and he had seen all these incidents. He had further repeated the incidents of cruelty of Patna High Court MA No.690 of 2014 dt.16-01-2018 Rekha Devi when on account of her obstinate behaviour her son had become unconscious and he had to be taken to the Doctor. Rekha Devi always used to threaten her in-laws that she will sprinkle kerosene oil on her body and set her on fire and will implicate all her in-laws in a false case. The family members of Mahesh Thakur had partitioned the property on account of Rekha Devi quarrel and Mahesh Thakur was allotted share in Jalalpur and thereafter they started living in Jalalpur. Rekha Devi used to take help of naxalite leader to demand ransom from Mahesh Thakur and once when such demand was being made police came and arrested naxalite leader Ramashish Thakur and he was sent to jail. This incident is of 2001. Ramashish Thakur is a dreaded naxalite of the area and Rekha Devi is being seen in company of naxalite leader Ramashish Thakur in market. Mahesh Thakur has threat of life due to Rekha Devi and it is dangerous for him to live with Rekha Devi.

28. PW-5 is Bhushan Thakur, who is the father of respondent-husband. He had stated that the marriage was solemnized in the year 1994 and on account of pressure of his wife his son borrowed money from him many times, but when he came to know the reason for borrowing money, he stopped giving his son Mahesh Thakur money and thereafter his Patna High Court MA No.690 of 2014 dt.16-01-2018 relations with his appellant-wife and in-laws deteriorated. The conduct and behaviour of Rekha Devi towards her husband as well as her in-laws was very cruel and she used filthy and abusive language against all on trivial issue. She did not care for respect and dignity of family members and used to roam in market with unknown persons and often did not return to the house in night, and she used to attend the meeting of extremist organization. The nature of Rekha Devi was of uncompromising lady and in spite of preventing her to go with extremist leader Ramashish Thakur, she used to go in his meeting and also used to roam with him. Rekha Devi was arrogant and of low virtue. Rekha Devi lived with her husband for very few years and she also did not take proper care of her children. She used to physically assault Mahesh Thakur by biting and scratching by nail for which Mahesh Thakur had to take treatment of the Doctor. These incidents are of the year 2000. In 1996 she quarreled with the family members and left her matrimonial home. Her husband Mahesh Thakur and Mother-in-Law went to bring her back, she physically assaulted her Mother-in-Law and she received head injury. She used to start throwing and breaking utensils which became her routine of the day. He also narrated the incident of feeding his child forcefully and Patna High Court MA No.690 of 2014 dt.16-01-2018 becoming unconscious, on account of which the child was taken to the Doctor. She used to threaten that she will set her on fire after sprinkling kerosene oil. Rekha Devi used to indulge in petty matters and on account of her quarrel and conduct many times police had to intervene and settle the dispute. On account of continuance of cruel behaviour of Rekha Devi there was partition in the family and Mahesh Thakur was allotted share at Jalalpur and thereafter both started living at Jalalpur. Even thereafter she did not amend herself and used to torture Mahesh with the help of extremist leader and once when at the instance of Rekha Devi extremists were demanding money from him, Mahesh had informed the police and the leader of extremist Ramashish Thakur was caught red handed and sent to jail. Thereafter at the instance of said naxalite leader Ramashish Thakur, Rekha Devi filed a false case for demand of dowry and atrocities. Ramashish Thakur is a dreaded extremist against whom many criminal cases are pending and Rekha Devi started living with him and was seen often in his company in the market. There is threat on the life of Mahesh Thakur by Rekha Devi. Mahesh always remained in tension because of her behaviour. It became impossible for Mahesh to live with Rekha Devi and as such the present divorce petition was filed by him. Patna High Court MA No.690 of 2014 dt.16-01-2018