SANJUKTA PADHAN Vs. LAXMINARAYAN PADHAN

JUDGEMENT

(1.) Defendant No. 1 in a suit for divorce is the appellant. Plaintiff filed the suit alleging that he had married defendant No. 1 in 1956 and they continued to live as husband and wife till 20-11-1970. They had one female issue named Doleswari. Defendant No. 1 was suffering from the disease of syphilis which was in a communicable form and while the plaintiff was absent, defendant No. 1 deserting him eloped away with one Rama Sahu and had sexual intercourse with him and since then said defendant No. 1 is living in adultery with said Rama Sahu and has not returned to the plaintiff's house nor the plaintiff has cohabited with her at any point of time thereafter. On these averments it was pleaded that the marriage be dissolved or alternatively a judicial separation be granted.

(2.) Defendant No. 1 denied the allegations made in the plaint. According to her case, as defendant No. 1 did not beget a male child, the plaintiff wanted to marry another girl, but defendant No. 1 did not agree to the same and on that account the plaintiff treated defendant No. 1 with cruelty and neglected her and at last forcibly left her in the house of her parents in mauza Themra. On the request of the plaintiff, defendant No. 1 had attended the funeral ceremony of her grandmother-in law and was with the plaintiff till December, 1970, and during that period, the plaintiff again wanted the consent of defendant No. 1 for marrying for the second time, but defendant No. 1 did not agree to the same. Therefore, the plaintiff tortured her and criminally assaulted her and as it became intolerable defendant No. 1 had no other alternative than to leave her husband and remain in her father's house. On these averments, defendant No. 1 prayed for dismissal of the suit.

(3.) Defendant No. 2 with whom it was alleged by the plaintiff that defendant No. 1 was living in adultery also filed a separate written statement denying the allegations made in the plaint.