KAMNI Vs. BHAGAT RAM

JUDGEMENT

(1.) The wife has appealed against the judgment and decree of the learned District Judge, Sirmaur District at Nahan, dissolving the marriage of the appellant and respondent No. 1 under Section 13(1)(i) of the Hindu Marriage Act (hereafter referred to as the Act) on the ground that the appellant had adulterous relations with proforma respondent No. 2 Rakesh Kumar alias Shalu, son of Shri Joginder Singh.

(2.) Shri Bhagat Ram, respondent No. 1/petitioner pleaded that he was married to the appellant on 3.1.1990 at Mandi according to Hindu rites and ceremonies. Four children, namely Kumari Divya, aged 13 years, Kumari Bhanu, aged 11 years, Master Anurag aged 9 years and Kumari Shakshi, aged 6 years were born out of this wedlock. Kumari Divya and Anurag are living with him whereas Kumari Bhanu and Kumari Shakshi are living with his in-laws. He pleaded that after solemnization of marriage, the appellant herein developed illicit sexual relations with respondent No. 2 with whom she was leading an adulterous life openly. On 18.10.2003, he caught her red handed with respondent No. 2 when both of them were in compromising position. He reprimanded them but of no avail and they continued to live in adultery. On 26.2.2004, both the appellant and respondent No. 2 were caught red handed and arrested by the police from a guest house at Nahan. They were challaned under Section 41 (1) and Section 109 of the Code of Criminal Procedure. They were produced before the Sub Divisional Magistrate, Nahan, who admitted them to bail and the case registered against them was still pending. He further pleads that they were found staying in a room of the guest house since 25.2.2004 and were freely indulging in carnal pleasures.

(3.) The appellant resisted the petition. Admitting that the children were born as pleaded, she levelled imputations adultery / unchastity against her husband (respondent No. 1) pleading that he was entangled with one Seema, resident of Ropar with whom he was indulging in sex openly. Whenever she protested, she was beaten up and thrashed by him and was thrown out of the matrimonial home on 24.2.2004. Criminal case under Section 109 of the Code of Criminal Procedure is said to have been manipulated against her. On the intervening night of 25/26.2.2004, she was waiting for her mother at Renuka Hotel, near Sheel Ghat, Nahan to take her to Mandi to resolve the disputes / differences between her and her husband when she was falsely implicated in the case.