JIWAN LATA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Smt. Jiwan Lata, the appellant, did not succeed in her petition under Section 13, Hindu Marriage Act, (hereinafter called the Act), to get a decree of divorce against her husband, the respondent, in the trial Court, vide judgment of the District Judge, Ferozepore, dated November 30, 1978. Hence this appeal.

(2.) It is not disputed that the marriage between the appellant and the respondent was solemnized on December 6, 1969. Thereafter, they carried on the matrimonial relations at Ferozepore for about nine years and the appellant gave birth to four children three males and one female out of the wedlock. The petition for divorce was filed on May 24, 1978. According to the appellant, as averred in her petition, for the last six months she was being treated with cruelty by the respondent and force had been used on her to agree to have sexual intercourse with other persons. On November 6, 1977, the respondent invited his boss, Shri Rajinder Kumar Sharma, PW-1, Civil Defence Instructor, for a dinner at his house. After having served liquor and dinner to him, the respondent approached the appellant to allow the aforesaid Rajinder Kumar Sharma, PW-1 to have sexual intercourse with her. Despite her disagreement, the said Rajinder Kumar Sharma, PW-1 was brought in her room and was urged to share the bed with her. However, Rajinder Kumar Sharma, PW-1, did not agree. After his departure, the respondent inflicted reverse beating on her. Besides, some of photograph were shown to her in which she had been exhibited in nude poses. She was threatened that those photographs and some others of similar nature, will be made public and she will be defamed if she did not consent to entertain his friends as desired. As a consequence, it was averred, that she was forced to leave her husband the next day. As against this, the respondent has a different tale to tell in his written statement. According to him, the respondent appellant had left his house surreptitiously in the third week of May, 1978, with the youngest male child and had also carried ornaments, clothes and a considerable amount of cash with her and was now living in Gobind Nagri locality of Ferozepur. A specific allegation against her living in adultery with the aforesaid Rajinder Kumar Sharma, PW-1 was also levelled and it was stated that it was he who was undergoing all expenses for her maintenance, including the rent of the house in which she was living. In view of the pleadings of the parties, the following issues were framed :

(3.) A number of witnesses were examined on both sides. Nine photographs and their negatives, showing the appellant in various poses-both naked and semi-naked forms were also produced on behalf of the appellant. Issue No. 1 was not pressed. Regarding issue No. 2 the finding was returned that the appellant was not stating the truth and her version was a cock and bull story. It was also concluded that the allegation levelled by the respondent that the appellant was living in adultery with the aforesaid Rajinder Kumar Sharma, PW-1 cannot be held to be false and was well founded. In view of these conclusions, the petition filed by the appellant was dismissed.