GOPAL TYAGI Vs. SUMAN TYAGI

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act 1955 has been preferred by the husband/appellant against a judgment dated 4th March, 2010 passed in Civil Suit (HMA) No. 14/2008 by the Third Additional District Judge, Morena (M.P.) dismissing the petition filed under Section 13 of the Act for grant of divorce and dissolution of marriage on the ground of adultery and mental cruelty against his wife Smt. Suman Tyagi, respondent herein.

(2.) The facts in short are that marriage of the parties was solemnized on 20th June 2002 as per Hindu rites and customs. After marriage, the respondent-wife developed illicit sexual relations with another person. It is stated that as and when the appellant asked his wife, she used to threaten to kill him and also used to break the ornaments of the signs of marriage such as Mangalsutra, Bichiya, Bengals and expressed herself before him as widow. It is stated that when the mother of appellant surprisingly saw the respondent/wife in an obscene position with her lover, she with her lover planned to kill his mother for which both, i.e., his wife and her lover were arrested during investigation and prosecuted for the alleged commission of offence. It is also the case of the appellant that the respondent/wife after incident of murder of her mother-in-law and after lodging criminal case against her and her lover, left his house and started living in her parental house. She also filed a criminal complaint under Section 498-A of I.P.C. involving her husband and his family members for the illegal demand of dowry. Under the circumstances, the appellant was bound to move for filing petition for grant of divorce on the ground of adultery and mental cruelty against his wife.

(3.) The respondent, in her pleadings, denied the allegations relating to cruelty made by her against her husband. She pleaded in specific that Akhilesh is her cousin brother and relationship between her and her brother Akhilesh is natural relationship of brother and sister. She categorically denied that any illicit extra marital relationship was developed between both of them. She also denied that her mother-in-law ever had seen her in an objectionable position with her brother Akhilesh and with the help of her brother Akhilesh, she committed murder of her mother-in-law. So, as per her averments, she and her cousin were falsely implicated in the alleged offence of murder and the divorce petition was filed on the false and concocted grounds. It was therefore prayed by her for dismissal of the petition.