LAWS(DLH)-1984-12-32

SOBHA BHANOT Vs. RANBIR BHANOT

Decided On December 14, 1984
SOBHA BHANOT Appellant
V/S
CAPT.RANBIR BHANOT Respondents

JUDGEMENT

(1.) Mrs. Bhanot has, of course, also denied that she ever had an affair with Major Multani. She says that the whole story is a pure fabrication by the husband. 1 have earlier stated the reasons why, I think, the story is highly improbable. That view has been greatly strengthened by the impression 1 have formed of Major Multani, after observing him under examination in court.

(2.) It remains to consider some other reasons given by the ADJ reaching a conclusion in favour of the husband. The Judge is right in thinking that on some points the wife had told lies, and there are various inconsistencies in her statements. For example, she said, she never knew any Capt. D.S. Multani. This was obviously not true, because even Capt. (now Major) Multani, who was called by her as a witness, said that they had met in Abohar. Again, in her W/s the wife had said that the husband was having illicit relations with one Mrs. Coral whom he used to bring to the house, and they would 'shut themselves' in a room even when she was at home. However, in her evidence she admitted that she had never lived with the husband in Calcutta. Consequently, there was no possibility of any such thing happening. Or, yet again, in her W/s the wife said she was 'physically beaten' by the husband, but no evidence was adduced in support of that allegation. There is not even her own statement to that effect. Because of these and other untruths, the judge said, he 'felt inclined to accept' the evidence of the husband regarding the wife's affair with Capt. Multani.

(3.) The judge was also shocked by the fact that, on l6th August 1977 whilst residing with the husband's parents at Delhi, the wife had written to his Commanding Officer saying: 'I am staying here penniless and my husband is not maintaining me. The judge says that she was at that time being maintained by her in laws. I do not think that the judge was quite right in taking this view. Surely, a wife, for her maintenance, needs more than mere boarding and loading with her in-laws. She also needs some money to spend on herself. Hence, there was nothing so outrageous in her saying that she was not being maintatned by her husband whilst residing with her in-laws.