BINDESHWARI GAMBHIR Vs. BHAGWATI GAMBHIR

JUDGEMENT

(1.) By this Appeal under Sec. 19(1) of the Family Courts Act, 1984 (for short "the Act'), the appellant is challenging the legality and propriety of the judgment and decree dtd. 30/4/2016 passed by the Family Court, Rajnandgaon in Civil Suit No.33-A/2009 whereby the Family Court has decreed the suit for dissolution of marriage filed by the husband by passing decree of divorce under Sec. 13 (1)(i) of the Hindu Marriage Act, 1955.

(2.) Indisputably, the appellant was married with the respondent No.1 in accordance with the Hindu rites on 21/4/1995 at Rajnandgaon (Ex.P/2, marriage invitation card). Earlier the appellant had challenged the judgment and decree dtd. 13/12/2010 by way of filing FAM No.4/2011 in which by order dtd. 19/2/2015, the matter was remanded back to the Family Court, Rajnandgaon with an observation that the evidence adduced on behalf of respondent No.1 is not sufficient to prove the fact of voluntary intercourse of the appellant with Omprakash Sharma (respondent No.2 herein) and with further observation that in a matrimonial dispute, proper opportunity to adduce evidence to both the parties would be just and proper. Therefore, the matter was remanded.

(3.) As per the plaint allegations, the appellant has voluntary sexual intercourse with the respondent No.2 Omprakash after solemnizing her marriage with the respondent No.1. Thus, the appellant is living in adultery having illicit relations with Omprakash and on this ground, the suit has been filed for dissolution of marriage. In the written statement, the appellant has denied the aforesaid allegation and pleaded that she does not know the person namely Omprakash (Respondent No.2) and not having any illicit relations with the said person. She has further averred that both the daughters were born out of the wedlock of the plaintiff and only on the basis of suspicion, a false allegation has been made by the respondent No.1, therefore, the suit be dismissed.