ANANDRAM Vs. LAXMI BAI

JUDGEMENT

(1.) Heard.

(2.) Petitioner and respondent are husband and wife. The marriage between them was performed in the year 1984. Respondent started living separately from the appellant from the year 1986. The appellant moved an application under Section 13 of Hindu Marriage Act,1956 against the respondent on the grounds of desertion and adultery committed by wife (the respondent). It was stated in the application that respondent never resided continuously with the appellant and she had physical relationship with some other persons prior to the marriage with the appellant, because of which a child was born within 7 months from the date of performance of marriage. A man named Shrawan Kumar usually came to visit respondent, when she used to live with appellant, thereafter, respondent started living with Shrawan Kumar without informing the appellant in the residence of Shrawan Kumar. The appellant tried to bring back his wife but she did not come back. On the contrary, she filed the application under Section 125, Cr.P.C before the Court of JMFC Dharamjaigarh. While residing separately, respondent became pregnant and the child was born on 30.06.1989. It was alleged that respondent has physical relationship with number of other persons and on these grounds, decree for dissolution of marriage was prayed for.

(3.) Respondent in written statement admitted her marriage with the appellant and denied all the pleadings in the application. She has stated that Shrawan Kumar was her cousin. She has denied the fact that she was residing at his residence. She stated that children were born out of the wedlock with the appellant. Denying all other allegations made, prayer was made to reject the divorce petition.