GOPAL PRASAD KUMBHKAR Vs. RADHA

JUDGEMENT

(1.) By the impugned judgment and decree passed by the Family Court, Janjgir-Champa, the husband/appellant's application under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') for dissolution of marriage and grant of decree of divorce on the ground of adultery has been dismissed.

(2.) The parties were married according to the Hindu rituals in the year 2004. Soon after the marriage they resided together at Bhopal (Madhya Pradesh) till 2011 and they have two sons namely; Manish and Tushar out of the wedlock. During their stay at Bhopal the respondent/wife performed sexual intercourse with another person on 3-4 occasions due to which the dispute occurred between them and despite persuasion she did not improve her habits and conduct, therefore, in 2011 the entire family shifted to Shivrinarayan, however, here also the respondent started having sexual intercourse with one Vishnu Kesharwani. On 21-5-2017 the respondent had sexual intercourse with Vishnu Kesharwani when the appellant was not present in the house and the incident was witnessed by his son Manish, aged about 12 years. When the appellant returned to the house he saw Vishnu leaving the house. Vishnu himself admitted of his sexual relation with the respondent in the presence of Hemant Sahu of village Tushma and Mahendra Khare of village Kharod. After the incident on 21-5-2017 the respondent started residing at her parental village Jashpur, Police Station Kosir, District Raigarh. During meeting of the caste panchayat on 2-6-2017 and thereafter on 29-10-2017 the respondent apologized and promised not to commit the mistake in future.

(3.) The respondent appeared before the Family Court on 28-4-2018, however, she remained absent on subsequent hearing, therefore, she was proceeded ex parte and the suit was tried even without her written statement.