GOPAL VERMA Vs. POONA BAI

JUDGEMENT

(1.) Prashant Kumar Mishra, J 1. The issue arising for determination in this appeal is whether in view of the wife's allegation that the husband has illicit relation with some other lady during the subsistence of their marriage, a decree for divorce can be granted at the instance of husband on the ground of alleged cruelty and desertion by the wife when such ground is closely connected with the issue of husband's illicit relation.

(2.) The appellant and the respondent were married in the year 1984. As pleaded by the appellant, they stayed together at village Manikchouri, PS Abhanpur till 1992. During her stay with the appellant, she was always pressurizing him to get himself transferred to her parental village and on refusal by the appellant, she went back to her parental village along with ornaments. Despite repeated efforts by the appellant himself and through the caste Panchayat, the respondent did not return to join the marital chord, therefore, she has committed cruelty and desertion, as her separate living is without any just and reasonable cause. It was also stated that the respondent had lodged a false criminal case in which the appellant was acquitted in appeal by the appellate Court, therefore, for all the said reasons, a decree of divorce should be allowed.

(3.) The respondent defended the suit on submission that the appellant has illicit relation with one Kamla Bai of Pandri, new Shanti Nagar Raipur from the year 1991 in respect of which an agreement was executed between her and Kamla Bai on 14.12.1991 for submission before the Panchayat. Kamla Bai herself moved an application to the President, Dalliwar Kurmi Kshatriya Samaj, Rajim on 22.12.1991 alleging carrying five months' pregnancy from the appellant. It was categorically stated in the written statement that the respondent had caught the appellant and Kamla Bai red handed in an objectionable position on 1.7.2000. She further alleged that the appellant has committed physical as well as mental cruelty and ousted her from the marital home in the year 1992 and is not making any provision for maintenance of herself and their two minor sons for which an FIR was lodged before Rajim Police on 1.7.1992.