DINESH Vs. SHANTIBAI

JUDGEMENT

(1.) This First Appeal under Section 96 of the CPC is at the instance of the plaintiff-husband against the judgment dated 16/2/2005 passed by the Court of Additional District Judge, Manasa, District Neemuch in Hindu Marriage Case No.40/2005, dismissing the suit for divorce.

(2.) The appellant-husband had filed the suit for divorce on 6/5/2004 pleading that his marriage was solemnised with the respondent 22-23 years back and a female child was born out of the wedlock. Sometime after the marriage, the respondent had started pressurising the appellant to shift to her parents place as the father-in-law of the appellant had no male issue. When the appellant denied, the behaviour of the respondent changed and she started fighting with the family members of the appellant on small issues. About 10 years prior to the filing of the suit, the respondent had left the appellant's place along with her daughter and had gone to her parents place. The father of the respondent had filed a false complaint, alleging bigamy and cruelty against the appellant and his family members for offence under Section 494, 497, 498, 102 and 201/34 of the IPC and the prosecution continued for seven years and ultimately they were acquitted on 5/11/2003. It was further pleaded that for last 9-10 years he had no marital relation with the respondent and respondent without justifiable reason was living separately, therefore, the decree for divorce was sought.

(3.) The suit was opposed by the respondent by filing the written statement and taking the plea that the appellant had contracted second marriage with a lady named Radhabai and had turned out the respondent from his house, therefore, she along with her daughter is living separately with her parents. Appellant has two issues from Radhabai. She also denied that her father was having no male issue by pleading that her father has an adopted son namely Lalit Kumar. She also pleaded that she had never pressurised the appellant to live with her parents. She denied any cruelty on her part and prayed for dismissal of the suit.