RAJ KUMARI JAISWAL Vs. RAMESH KUMAR JAISWAL

JUDGEMENT

(1.) I have gone through the draft judgment of my learned Brother and I do not think any conclusion different from what my learned Brother has arrived at, can be drawn in this appeal. I am in total agreement with His Lordship's decision. But, I feel I should narrate few words of my own. The wife has impugned the decree for divorce which was passed by the learned trial Judge in a suit initially filed for restitution of conjugal right on refusal of the appellant to resume marital life without any lawful and just excuse. When the suit was filed the desertion of the wife was less than two years which is required statutorily for institution of a suit for dissolution of marriage. In view of subsequent event which occurred on filing of written statement by the wife, the respondent husband got his plaint amended incorporating the ground of mental cruelty and also desertion and asked for alternative relief for dissolution of marriage. In the written statement the wife alleged that respondent husband had contracted a second marriage with one Sm. Lopa Kumari Jaiswal. The learned trial Judge upon reading the pleadings of both the parties framed following issues: -

(2.) Obviously first issue was not pressed for decision, as the respondent/plaintiff did not want the decree for restitution of conjugal rights and he prayed for the decree for divorce. Issue being No. 5 regarding maintainability of the suit was also not pressed by the appellant. Therefore, the trial of the suit was restricted to issue Nos. 3, 4 and 6.

(3.) Husband/respondent in order to prove his case of desertion to get the decree for divorce, examined himself and with him also examined five other witnesses. The appellant/wife examined herself and she also brought two other witnesses to resist the suit.