RAJARAM Vs. URMILA DEVI

JUDGEMENT

(1.) This is a husband's appeal against dismissal of his suit for divorce on the grounds of desertion and adultery in civil suit No. 29-A of 1983 of the Court of District Judge, Rewa, dated July 10, 1984.

(2.) The appellant's case was that he was married with the respondent in 1969 in village Bansa, fahsil Hajur, District Rewa Cawana took place in 1971 and thereafter, the respondent lived in his p rental house with him. The appellant joined air force in 1972, which was resented by the respondent's father staying that he was prepared to gift 50 acres of land and he should not join Air Force. As and when he used to remain away in connection with his duties, the respondent used to return back to her parents' house. The appellant further stated that be used to come on leave and at the time also used to visit the respondent's parents' house. According to him, the last such visit was in Feb., 1979. In Jan., 1980 parents' house, her father declined to send her with on the ground that she was suffering from stomachache. Finally her father sent her with the appellant. After bringing her to Rewa, he admitted her in Gandhi Memorial Medical College for appropriate treatment. Dr. Geeta Banerjee (A.W.5) after examining her, opined that she was carrying pregnancy of 14-16 weeks On 2-2-1980, the doctor treminated the said pregnancy on a request by both the parties. Thereafter, she was discharged from the hospital. On 7-2-1980, the appellant alleged, the respondent categorically denied to accept him as her husband since she was already carrying extra-marital relations with one Damodar Prasad (N.A.W. 4), on that day she left for her parents' house. The present suit was filed on 5-10-1982 for divorce on the ground of adultery as also desertion continuously from 7-2-1980 without just and reasonable cause.

(3.) The respondent refuted all the aforesaid allegations. According to her despite Ions cohabitation, she could not bear a child and, therefore, the appellant admitted her in the hospital for necessary treatment. She further stated that the doctor was not very hopeful and discharged her from the hospital. The appellant frustrated. by the outcome of the medical examination and with the intention of marrying another girl filed the present suit on false grounds to seek divorce.