RAJESH DEVI Vs. JAI PRAKASH

JUDGEMENT

(1.) The appellant-wife is aggrieved against the judgment and decree dated 20.12.2002 passed by the Family Court, by which her marriage with the respondent (since deceased) was dissolved on the ground of cruelty.

(2.) The brief facts of the case are that the marriage of the appellant with the respondent was solemnized on 14.02.1982 as per Hindu rites and ceremonies at village Gokalgarh, Tehsil and District Rewari. At the time of marriage, the respondent was a widower as his earlier wife, namely, Ramawati died and out of the said wedlock, he had a son, namely, Ravinder Kumar, whereas the appellant was a spinster. It was pleaded by the respondenthusband that two sons, namely, Dipender and Yogender were born out of the said wedlock and when he was in service at Gujarat police at Ahmedabad, the appellant developed relations with some other person of her village Gokalgarh. It was also pleaded that the appellant had admitted the act of adultery in her letters by referring herself to be a bad woman. It was further averred in the pleadings that the appellant used to call him an eunuch (Hijra) and had refused to do the household work. It is categorically pleaded in para No.9 of the petition that in the month of August 1995, when she was at village Nimoth, her two friends came to his house on a scooter and in his presence, they talked to the appellant in a closed room and Master Mukesh kissed her in his presence. The appellant and her friend consumed liquor in his house and did sexual act in his presence, therefore, it is an act of cruelty. It is further averred that he was in service and did not come to his village from August 1995 to 15.10.1997 and during this period, the appellant was having pregnancy of 5-6 months and aborted the same on 18.10.1997 in a private hospital at Rewari. The respondent-husband has, thus, sought the decree of divorce by filing the petition on 20.10.1997 on the ground of cruelty caused by the appellant to him by living an adulterous life.

(3.) All the allegations made by the respondent-husband were denied by the appellant in her written statement rather she has made allegations that her husband was an alcoholic from the very beginning and used to spend all his income to pursue his bad habits instead of maintaining her and the children and used to beat her whenever she made a complaint about his bad habits.