JAIRAM Vs. GAYATRI BAI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 2/11/2019 passed by the First Additional Principal Judge, Family Court, Durg, in civil suit No.30-A/17 whereby the suit filed by the appellant/husband under Sec. 13(1)(i) and 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955 ') seeking decree of divorce was rejected.

(2.) The indisputable facts, in brief, are that on 20/4/2006 the marriage took place between the parties and out of the wedlock three daughters were born and one daughter died immediately after birth. It was alleged by the appellant/husband that the respondent/wife was having an illicit relation with a person outside the marriage. While she was talking to that person over mobile, the said conversation was recorded, which got transcripted into a CD (Compact Disc). The husband also stated that when he asked the wife to hear the voice recorded in mobile, she broke it into pieces. According to the husband, the chip of the mobile, however, was kept by him. It was pleaded thus, it is evident that the wife was having an illicit relation with other person outside the marriage. The husband also pleaded that the wife has refused to have physical sexaul relation with him as such it also amounts to cruelty within the ambit of Sec. 13(1)(i) and 13(1)(ia) of the Act, 1955.

(3.) The respondent/wife denied the entire allegations and instead it was stated that since three daughters were born (one died immediately after birth) she was being treated with cruelty. It was further stated that under those circumstances the wife was made to leave the house of the husband by force.