HARGOVIND SONI Vs. RAMDULARI

JUDGEMENT

(1.) The husband, aggrieved by the rejection of his prayer for divorce by the District Judge, Guna, by his judgment dated 31-1-1979, has preferred this appeal under S.28 of the Hindu Marriage Act, (for short, hereinafter referred to as 'the Act').

(2.) Respondent is his first wife who was barren for 12 years while living with the appellant-husband. According to the husband, on the advice and instigation, the appellant acquired a second wife, by marriage. But, after this second marriage, the differences between the appellant and respondent widened. At last, the caste Panchayat assembled on 24-6-1966, which decided that the appellant should pay a monthly maintenance to the respondent and should also provide shelter in his own home. But, on 28-4-1968, the respondent left her husband's home with bag and baggage and on 19-5-1978, started proceedings in a Court of law for maintenance. Ultimately, there was a compromise and the appellant was required to pay the respondent a maintenance amount of Rs. 50/- p.m. According to the husband/appellant, he never cohabited with the respondent after 28-4-1968, but she delivered a boy on 12-3-1969 and a girl on 27-5-1975, and as she had voluntary sexual intercourse with other person or persons, he is entitled to get a decree for divorce on the sole ground of adultery.

(3.) The respondent in the trial Court accepted the factum of marriage, but repudiated the fact that she encouraged or persuaded the appellant to have a go at a second marriage with one Saraswati. She strongly denied that she was guilty of adultery or she conceived and delivered children by some other man than the appellant. She vehemently and strongly asserted that the appellant, after the separation, visited her always and the two children are born from him. She also denied her alleged adulterous relationship with one Sheelchand.