VISHNU Vs. JAYA

JUDGEMENT

(1.) Petitioner No. 1 (hereinafter 'the petitioner') and the respondent used to be husband and wife. The petitioner married her after the death of his first wife who had left behind a two and a half year old son. The petitioner and the respondent are now separated by a decree of divorce obtained by the former. The respondent has filed an appeal against the decree but there is no stay in the pending appeal.

(2.) On July 15, 2003 the petitioner's son Parag (eleven and a half years old) from his first wife died by falling into a well. The petitioner was then away from home. He suspected that the respondent had killed the child from his first wife and instituted a criminal case against her under Section 302 of the Penal Code. The respondent was put on trial in which her two sons from the petitioner deposed against her. Anyway, the trial ended in her acquittal.

(3.) The death of the petitioner's son from his first wife completely broke down his marriage with the respondent and he eventually obtained a decree of divorce against her. For past seven years, as also noted by the High Court the petitioner and the respondent have been engaged in a series of litigation.