KAMINI GUPTA Vs. MUKESH KUMAR GUPTA

JUDGEMENT

(1.) The whole and sole question in this appeal is whether the husband, whom the wife calls a womaniser and a drunkard is entitled to a decree of divorce on the ground of wife's cruelty. A learned single Judge of this Court on facts has returned the finding in favour of the husband. From his decree the wife appeals to this Court.

(2.) The parties were married on 6-6-1971. On 19-6-78 they separated and have since then been living apart. There are four daughters of the marriage. They are in the custody of the husband. The husband filed the petition for divorce in June 1979 on the ground of cruelty. In the petition in para 55 the husband alleged that at a meeting held on 3-7-1978 in the presence of the parties relations when negotiations for the resettlement of the parties were afoot the wife lost her temper and started abusing him and called him a womaniser and a heavy drunkard. She complained in the meeting that the husband has been bringing girls in the matrimonial home. As a result of the imputations and accusations the talks of reconciliation broke down. This was the husband's positive case in the petition. In her written statement the wife replied that she never falsely accused the character of the petitioner suggesting thereby that the charges levelled against the husband were not false.

(3.) When the case came to trial the wife in her evidence repeated these charges times out of number. In her statement she named three girls with whom the husband had extramarital relations. They were Rupa, Mamta and Alka Sayal. According to her they are just few examples of conjual infidelities of the husband. About Rupa, the wife said that she was a cabaret dancer. When the parents of the husband were away to Simla one night the husband brought Rupa to the house and started drinking with her. The wife was present. Afterwards the husband wanted to 'indulge in sex' with Rupa. This the wife could not stand. So in utter disgust she withdraw herself from the room where the husband and Rupa were staying. Rupa stayed for the whole night, she says.