VIJAY PAL Vs. SUNITA

JUDGEMENT

(1.) Vide impugned judgment of 15th December, 1997 appellant's petition for divorce on the ground of cruelty and adultery stands dismissed while holding that appellant in the earlier petition for divorce i.e. HMA case No.165/1996 instituted on 2nd April, 1996 had not taken the ground of adultery and so, the ground of adultery is not available to appellant. Regarding appellant not substantiating the allegation of cruelty, the findings returned in the impugned judgment are as under: -

(2.) The facts of this case already find mention in the afore-noted finding returned by the trial court. It needs no reiteration that parties had married on 30th October, 1990 and one boy and one girl were born to them and appellant's version depicting cruelty at the hands of the respondent revolves around the illicit relationship between first respondent and second respondent. As per appellant, in May, 1993, just a day prior to engagement of second respondent with another woman, respondent-wife had tried to commit suicide as she wanted to live with respondent No.2 and again on 20th January, 1994, respondent-wife had tried to commit suicide when the appellant had asked for the return of cash and jewellery. It is the case of appellant that on 6th May, 1994, respondent-wife had extended threats when appellant had asked her not to go to parental house in the night hours.

(3.) At the hearing of this appeal, it was contended by learned counsel for appellant that respondent-wife was having an affair with second respondent, who is his real brother, and on many occasions, respondentwife and her relative had assaulted the appellant, who had lodged complaints with police. To assert that respondent-wife was having adulterous relations with appellant's brother i.e. respondent No.2, it was pointed out by learned counsel for appellant that notice issued to respondents at the same address was received by them on 8th June, 1996 which shows that respondent-wife was living in adultery with respondent No.2, who happens to be real brother of the appellant.