LAWS(UTN)-2007-8-58

KAMLESHWAR PRASAD CHAUKIYAL S/O SRI ADITYA RAM CHAUKIYAL Vs. SMT. MADHURI DEVI W/O SRI KAMLESHWAR PRASAD CHAUKIYAL

Decided On August 14, 2007
Kamleshwar Prasad Chaukiyal S/O Sri Aditya Ram Chaukiyal Appellant
V/S
Smt. Madhuri Devi W/O Sri Kamleshwar Prasad Chaukiyal Respondents

JUDGEMENT

(1.) Heard Sri R.P. Nautiyal counsel for the appellant and Sri Pankaj Purohit counsel for the respondent.

(2.) By the present appeal the appellant has challenged the judgment and decree dated 16.12.2004 passed by the District Judge, Rudraprayag dismissing the suit if the appellant for divorce.

(3.) Briefly stated the appellant Kamleshwar Prasad has filed a suit for a decree of divorce against Smt. Madhuri Devi. The plaint allegations are that parties are Hindu and they were married according to the Hindu religious rites in February 1994 and a female child was born from the wedlock. Respondent was employed as a teacher in Shishu Mandir, Jakhtoli. appellant was employed as a Clerk in Kanya Junior High School. In the year 1996, the appellant was terminated from his service and in his place respondent Smt. Madhuri was appointed Clerk in the school. The respondent started living separately in Chopra Bazar after taking a room on rent. Thereafter the appellant went to Karnal Haryana in search of job. Respondent has no conjugal relation with the appellant since the year 2001. He came to his house in October 2002 and thereafter in April 2003. According to the appellant, on 12.11.2003, the respondent gave birth to a male child. The appellant claimed that the issue was born due to the illicit relations of the respondent with some other person.