MUKESH KUMAR SAHU Vs. TAMESHWARI

JUDGEMENT

(1.) By this appeal under Section 19 of the Family Courts Act, 1984 the appellant had challenged the legality and propriety of the judgment and decree of dismissal of petition for dissolution of marriage by a decree of divorce dated 10/1/06 passed by learned Second Additional Principal Judge, Family Court Durg in civil suit No. 5A/05.

(2.) The judgment and decree is impugned on the ground that the proved facts of cruelty and adultery of respondent has not been considered by the Additional Principal Judge, Family Court and thereby committed an illegality.

(3.) The brief facts necessary for decision of appeal is as per the pleading of the parties, the parties are legally wedded Hindu spouse having two children. Petitioner is working as teacher at Dhangaon. Appellant started residing at Dhangaon. Present respondent has taken the benefit of the appellant's absent from Mohlai, she started residing with another person Bhagavan Singh as a wife then controversy arose between parties, respondent threatened the appellant to implicate falsely in criminal case and used to misbehav and used to commit torture upon the appellant. Appellant has lodged the report, presently respondent is residing with Bhagavan Singh in ancestral house of the appellant and she is living an adultery on the aforesaid ground appellant has filed the petition for dissolution of marriage by a decree of divorce.