MUKESH KUMAR Vs. KAMINI GUPTA

JUDGEMENT

(1.) [Parties were married on 6.6.71. They have 4 daughters, born in 1972, 1975 & twins in 1976. They frequently quarrelled and the petitioner alleging that respondent had often been rude and mis-behaving with him and his parents sued for divorce on the ground of cruelty. His plea was that Respondent. falsely accused him of being a wonaniser and drunkard. Wife denied allegation of cruelty. About levelling charges of being a womeniser and drunkard, she tried to justify saying that the same was made bonafide.] After giving above in detail, judgment proceeds :

(2.) The allegations of crudities at Item Nos. I to XV, XVII, XVIII and XIX above need not detain me long, because in the petition as also in the statement on oath made by the petitioner as Public Witness . 1 and his father as Public Witness . 2 various other persons have been named in whose presence these cruelties were allegedly committed. All those persons were cited as witnesses, but for reasons best known to the petitioner, they were not produced and the evidence is confined to these two Witnesses only. Most of allegations relate to ill-treatment of the respondent with the mother of the petitioner and in presence of his sister. P.W. 2 that is, the father of the petitioner has in terms admitted that he was never abused by the respondent and she used to abuse and ill-treat the mother of the petitioner. Neither the mother of the petitioner nor his sister, who were admittedly available, have been produced to prove the allegations. In the absence of the same, it is not possible for me to rely on the evidence of the petitioner and his father.

(3.) The allegations at Item No. XVI, which relate to the character assassination of the petitioner by the respondent are rather serious and arguments were confined to these allegations.