UTTAMRAM Vs. KAYASO BAI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment & decree dtd. 1/9/2017 passed by the Judge, Family Court, Manendragarh, District Korea, in civil suit No.81-A/15 whereby the application filed by the appellant/husband for grant of decree of divorce on the ground of desertion, was rejected.

(2.) The appellant/husband pleaded that he was married to respondent/ wife-Kayaso Bai prior to 26 years from the date of filing of the suit. After the marriage, the wife was residing with him at village Arjunpur and out of wedlock, three daughters were born, who were married. According to the appellant, for the last 25 years the respondent has deserted him without any lawful cause, therefore, he is entitled to get decree of divorce.

(3.) The respondent/wife denied the plaint averments and pleaded that she was subjected to physical and mental torture. The appellant kept one lady as his wife and asked the respondent to go away and stay at her parental village. Because of the fact that another lady was kept by the appellant in the house for which the torture was being meted out to respondent she was forced to stay at her parental village. The respondent further pleaded that in the marriages of three daughters the appellant came and participated, therefore, there was no question of desertion by either of the parties. She also pleaded that her name was recorded in the service book of the appellant as a legal representative. Since the appellant left her without any reasonable cause, an amount of Rs.500.00 was ordered to be paid to the respondent in an application filed by her under Sec. 125 of the Cr.P.C, that too was not being paid to her regularly, therefore, the respondent would be entitled for further relief and consequently, the appellant is not entitled for any relief.