PRASHANT KUMAR JHA Vs. SADHNA JHA

JUDGEMENT

(1.) Judgement dtd. 6/2/2014 passed in H.M. Case No.51/2011 by IVth Additional District Judge, Satna is subject matter of challenge in the present appeal, whereby application filed by appellant-husband under Sec. 13(1)(i) and 13(1)(i-a) of Hindu Marriage Act (H.M. Act), 1955 for seeking decree of divorce on various grounds was dismissed.

(2.) It is admitted in the present matter that appellant-husband and respondent- wife were married on 20/2/1994 and there are three children out of wedlock and children are residing with respondent-wife. The appellant filed application on 7/3/2007 for grant of decree of divorce on two grounds. Firstly, respondent treated appellant with cruelty and secondly that respondent had voluntarily made physical relations with another person other then her spouse. At the outset, during course of argument, learned counsel Mr. Manoj Chaturvedi appearing on behalf of appellant gave up the ground of adultery as person with whom respondent-wife allegedly made physical relation was not impleaded as party in the matter and for purpose of proving allegation of adultery, it is essential to implead person as party in the case. Since, counsel for appellant gave up the ground of adultery, only ground left for consideration is cruelty and therefore, the pleadings, evidence and arguments relevant to the allegation of cruelty are considered hereinafter.

(3.) Appellant pleaded in main application filed for divorce that behaviour of respondent was cruel with appellant and appellant lodged complaints against respondent-wife before Police authorities time to time complaining her behaviour and threats. Appellant-husband further pleaded in his petition that respondent-wife always threatened him to lodge criminal reports against him and his family members. According to petition, respondent-wife threatened appellant that she will commit suicide or lodge report of harassment due to demand of dowry.