KUNAL KANT SAXENA Vs. SANGEETA

JUDGEMENT

(1.) Appellant/ husband filed this appeal u/s 19 of the family courts act, 1984 r/w Sec. 28 of the Hindu marriage act, 1955, against the judgment and decree dtd. 10/12/2009 passed by the IInd additional principal judge, family court, Bhopal in RCS no. 433A/2004, whereby the learned trial court has dismissed the petition u/s 13(1) of the Hindu Marriage Act, 1955, filed by the appellant.

(2.) It is an admitted fact that marriage of appellant/ husband and Respondent no.1/ wife was solemnized on 27/6/1985, as per Hindu rites and customs in Jhansi, Uttar Pradesh. From wedlock of both the parties, son, Sandal Saxena (PW/ 2) and daughter, Sargam Saxena (PW/ 1) were born on 01/06/1986 and 28/01/1991 respectively. Husband was transferred on 20/08/2001 from Bhopal to Indore, thereafter, he used to live in Indore with his children. Husband was posted at Shivpuri from 1985 to 1992, at Gopalganj (Bihar) from 1992 to 1995, at Sagar from 1995 to 1996, at Khurai from 1996 to 1997, at Bina from 1997 to 1999 and at Bhopal from 1999 to 2001. It is also an admitted fact that the wife was appointed as a teacher in 1988 in Government Girls School Mangrauni, distt.- Shivpuri. She used to up- down from Shivpuri to Magrauni. An intimation was given by wife that on 29/09/2000, husband had physically assaulted Sandal Saxena (PW/ 2), an FIR was lodged against the husband and after investigation a charge-sheet was filed u/s 323 and 294 of the Indian Penal Code against the appellant/ husband.

(3.) The appellant/ husband filed a petition u/s 13 of the Hindu Marriage Act, 1955, stating that after solemnization of marriage, wife came to husband's home at Shivpuri and after 2-3 days, she went to her parental home and she lived there for approximately 2 months. When husband was transferred to Ringnod, distt- Ratlam, wife had denied to go with him. During posting of husband at Shivpuri (1985-1992), relation between the parties had become strained and she repeatedly used to go to her parental home. She used to leave home without informing about the same to anyone in the house. She used to misbehave with her husband and his parents. After 5 months from the birth of Sandal (PW/2), she left the home without informing to her husband. Then her husband on 01/11/1986 had reported at P/S Shivpuri. Thereafter, she was found in the house of Anant Trivedi at Jhansi. She told on being asked, that she likes Anant Trivedi, she wanted to marry him but her parents solemnized the marriage with the appellant without her will. During posting of Mangrauni, she had relation with Irshad. In year 1989, she was transferred to Masoori, Distt.- Bhind on the post of lecturer. Alongwith Irshad she used roam in street and go to hotel and rest-house on his motorcycle and used to come late at night.