SUMATI DEVI Vs. DALIP SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 23.05.2008 passed by learned District Judge, Bilaspur in Civil Suit No. 9 of 2004/2003. The plaintiff is in appeal before this Court because the suit for damages she sought against her husband, defendant No. 1, has been dismissed.

(2.) The challenge to the impugned judgment and decree is on the grounds inter -alia that the same is against the facts and law applicable hence, not legally sustainable. The Court below has based its findings on conjecture and surmises and the evidence available on record has not been appreciated in its right perspective. The plaint Ext. P -X is stated to be not taken into consideration. As a matter of fact, this document, according to him amply demonstrates that her husband, defendant No. 1 has lower down her prestige in the public at large.

(3.) The plaintiff and defendant No. 1 have solemnized their marriage in the year 1986 in accordance with Hindu Rites and Ceremonies. It is claimed that out of this wedlock, three children namely Nishi Devi, Rinku and Shalu Devi are born to plaintiff from the lions of defendant No. 1. The behaviour of defendant No. 1 towards his children and plaintiff became cruel and it has been a cause of litigation between the plaintiff and defendant No. 1. It is proforma defendant No. 2 Ganga Ram allegedly her cousin who helped her out at every stage. Her husband defendant No. 1 succeeded in obtaining a decree of divorce against her ex -parte and it is on account of efforts of proforma defendant No. 2, the ex -parte decree was ultimately set aside by the Court. Defendant No. 1 with an ulterior motive filed a petition under Section 6 of Hindu Minority and Guardianship Act, 1956, which was dismissed by the Court with the observations that the said petition was filed merely to get rid of mother of the children in order to malign her reputation and lower down her prestige in the eyes of public at large.