AMAR SINGH Vs. VIMLESH

JUDGEMENT

(1.) Petitioner/husband has-filed this civil revision petition challenging the legality and propriety of order dated 27th October, 1995 passed by the learned Additional District Judge, Delhi under Section 24 of the Hindu Marriage Act (hereinafter called the Act) in favour of the respondent/wife.

(2.) Briefly the facts are that the parties are Hindus and were married according to the Hindu rites and customs on 9.7.1980. Two children were born out of the wed lock. The petitioner/husband had filed petition for dissolution of marriage on the ground of adultery under Section 13(i)(ib) of the Act and also impleading the alleged adulterer as respondent No.2.

(3.) He has alleged that on 30.7.1991, the respondent/wife left the matrimonial home to an unknown place and took away all the gold and silver ornaments and cash amounting to Rs.35,000.00 which was withdrawn by her from the bank on 6.6.1991 and another RS.100.00 on 28.6.1991 without the knowledge and consent of the petitioner. After she had disappeared from his house on 30.7.1991 the petitioner had reported the matter at police station Pahar Ganj and later he came to know that after leaving the matrimonial home she had gone alongwith respondent No.2. On 8.8.1991 the petitioner was summoned by the Investigating Officer (for short 1.0.) in the said Police Station where he found the wife as well as respondent No.2 sitting with the 1.0. and in the presence of the said 1.0. the wife refused to join the matrimonial home and expressed her desire to live with respondent No.2 as his wife. Compromise to this effect was drawn which was signed by the petitioner, respondent/wife and respondent No.2 which was attested by the 1.0. He filed petition for divorce thereafter. Both the children are living with the husband.