MANJUSHREE DALEI Vs. JUGAL KISHORE DALEI

JUDGEMENT

(1.) THE wife-respondent in a matrimonial case under Section 13 of the Hindu Marriage Act in Civil Proceeding No. 66 of 1994 is the appellant in this case.

(2.) THE factual matrix leading to this appeal is as follows : Both the Spouses belong to Kaibarta caste and are governed under the provisions of Hindu Law. Their marriage was solemnised according to their caste, custom and Hindu rites prevalent in their society on 4.3.1984. They led their happy conjugal life till May, 1985. Out of their lawful wedlock, a male child was born one year after their marriage. It is alleged that after the appellant gave birth to a male child, the conjugal happiness was disturbed quite a long and there were frequent dissension, bickering and quarrel between both the spouses. The respondent in this appeal had alleged that the appellant developed extramarital relationship with one Raghunath Dalei, who was the cousin of her husband. When it came to his knowledge, the respondent felt very much humiliated. There was again recurrence of the same incident where the appellant was said to have conceived through her paramour, Raghunath Dalei. So in order to avoid such social taboo, the husband took her to a doctor and got the pRegulation ncy terminated. There was a great deal of unhappiness and disharmony in the family. The appellant filed an application under Section 125 of the Code of Criminal Procedure against the husband-respondent in which an order was passed asking the husband to pay Rs. 200/- per month. When the relationship between the spouses became bad to worse, it was impossible for the one to continue to live with the other.

(3.) FROM the evidence adduced before the learned Judge, Family Court, we found there has been no specific finding that the appellant was leading an adulterous life.