UMA DEVI Vs. BENI PRASAD

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 23-12-1995 passed in Civil Suit No. 164-A/1994 by IIIrd Additional District Judge, Bhopal whereby a decree of divorce was passed in favour of deceased Beni Prasad, the present appeal has been filed.

(2.) SHORT facts of the case are that on 10-5-1983, marriage took place between the appellant and deceased Beni Prasad. The appellant gave birth to a son namely Kapil, who was aged about 12 years at the time of filing of the petition for divorce. In the year 1994, prior to the filing of the divorce petition, deceased Beni Prasad filed a suit for restitution of conjugal rights, which was numbered as Civil Suit No. 9-A/1986 and an ex parte decree was passed in favour of deceased Beni Prasad. Later on, deceased Beni Prasad filed a suit for divorce alleging that appellant was having a cruel treatment with the deceased. In the year, 1984, when deceased Beni Prasad went to the house of the appellant to take her with him. At that time, the members of the family of appellant misbehaved and involved him in a criminal case. In the year 1985, the appellant started to live with deceased Beni Prasad but later on left the house of the deceased with all valuables. It was further alleged by deceased Beni Prasad that in spite of notice dated 21-11-1985, the appellant did not turn up to the house of the deceased, on the contrary involved the deceased in the criminal case under Section 498-A of Indian Penal Code, in which deceased Beni Prasad was acquitted. With the aforesaid allegations of cruelty, the divorce petition was filed. The allegations made in the suit were denied by the appellant and it was prayed that the suit be dismissed.

(3.) UNFORTUNATELY during pendency of the appeal, respondent (deceased) Beni Prasad died and an application for bringing the legal representatives on record was filed by the appellant on 19-1-2004, which was allowed and the parents of deceased Beni Prasad were allowed to bring on record.