NANDANI PANDEY Vs. BASANT PANDEY

JUDGEMENT

(1.) This appeal has been preferred by the Non-Applicant- wife under Sec. 19(1) of the Family Courts Act, 1984 questioning the legality and propriety of the judgment and decree dtd. 27/10/2016 passed by the Family Court, Bilaspur in Civil Suit No.270-A/2010, whereby, the trial Court while allowing the application filed by the Applicant-husband in part has granted the decree for dissolution of marriage on the ground under Sec. 13(1)(i) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955'). The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated the facts of the case are that a suit was instituted by the Respondent/applicant/husband claiming decree of dissolution of marriage on the ground of cruelty and adulterous life of his wife as per the provisions prescribed under Sec. 13(1)(i) and (i-a) of the Act of 1955. It is pleaded by the Applicant that his marriage with the Non-Applicant was solemnized on 6/6/1990 at Sarkanda, Bilaspur, as per Hindu rites and rituals and, a son, namely, Rishiraj was born out of their wedlock, who is residing with his mother. According to the Applicant, the Non-Applicant lived with him for almost a month and half after solemnization of the marriage and thereafter, she went to her parental home and after living there for a month and half, she again came back and started living with him. It is pleaded further that after some time, her brother came and took her with him and during the period when she was living with him, she was treating in cruel manner with him and her in-laws and has lodged a false report against him and his brother, namely, Hemant Pandey at City Kotwali, Korba for the offence punishable under Sec. 498-A of the Indian Penal Code, 1860(for short the IPC), where after investigation, the charge sheet was submitted before the Court of Judicial Magistrate First Class, Korba. In the said proceeding, the Applicant has faced prosecution for a period of 8-9 years and thereafter, he opted for compounding the said offence. It is pleaded further that after compounding the said offence, he started living with his wife, but even then, she continued to treat him and his family members with cruelty. It is pleaded further that in order to consider the future of his child, he tried his level best for keeping her with him but, during the course of her stay, she used to treat him with cruelty and harass him mentally.

(3.) Further contention of the Applicant is that he purchased a house at Deendayal Colony at Mangla and started residing with his wife, but when he used to go to his office from 10.30 am to 5-6 pm while performing his duty as an employee of the Corporation, the Non-Applicant used to have intimate relations with one Rakesh Kumar Verma and had seen both of them on 14/9/2009 in nude and compromising position and thereafter also at the time of Dussera festival and when he objected to it, she used to quarrel and fight with him. It is pleaded further that the alleged illicit relationship of them has also been seen by the neighbours. It is pleaded further that on 5/10/2009, a family arrangement was executed between them, whereby, she agreed to live separately and that on 14/1/2010, she has executed an agreement which was notarized on 15/1/2010, which shows that she is residing with said Rakesh Kumar Verma as husband and wife. It is pleaded further that his wife has lodged the complaint on 15/1/2009 before the Superintendent of Police, Bilaspur requesting therein for providing security and also for the initiation of legal action against the husband as despite living separately as per the said family arrangement with said Rakesh Kumar Verma, he is misbehaving by using filthy words. It is pleaded further that based upon her said complaint, an enquiry was also conducted and according to her statement, recorded therein, it is evident that she is living with someone else, i.e. with said Rakesh Kumar Verma in an adulterous life and is thus, entitled to get a decree for dissolution of marriage on the basis of the aforesaid grounds.