BHIKAM RAM Vs. SATYA DEVI

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment and decree dated 14.11.2008 whereby the learned trial Court dismissed the petition filed by the husband for grant of divorce on the grounds of desertion and cruelty.

(2.) The undisputed facts are that the parties got married in the year 1976 as per Hindu rites. At the time of the filing of the petition the husband was 49 years of age. Now, he is 56 years old. The allegation of the husband was that the wife used to torture, neglect, abuse, insult and humiliate him and only wanted his property. It was further alleged that in April, 1999 the Respondent deserted the Petitioner and started living separately in the same house. She separated her mess and started living in two separate rooms and kitchen and had not cohabited with the Petitioner since 1999 till the filing of the petition. Another allegation was that the wife had filed an application under Section 125 of the Code of Criminal Procedure claiming compensation despite the fact that she was living in the house of the Petitioner albeit separately and the entire expenses were being paid by the Petitioner. This petition was dismissed. The wife also filed another false criminal case against the husband alleging that he had beaten her, which case was also found to be false and dismissed. It was, therefore, alleged that the wife had not only deserted the husband but had treated him with cruelty and the mental cruelty was of such an extent that the husband was entitled to divorce.

(3.) Three children, who are all major sons, were born out of the wed-lock. According to the wife, it was the husband who used to beat her and his only interest was to turn the wife out of the matrimonial home. According to the wife, the Petitioner had constructed a new house and was not letting her stay in the house and therefore, she and her son were living in one dilapidated room. The parties led evidence. The husband reiterated what he had stated in the divorce petition and also placed on record the Judgments of the Courts, both in the petition filed under Section 125 Code of Criminal Procedure and the criminal case filed against him. He has also proved F.I.R and Rapat Rojnamcha in which he alleged that his wife and children had beaten him.