JAIKANT SHARMA Vs. ARUNA KUMARI SHARMA

JUDGEMENT

(1.) ADMITTEDLY , Jaikant Sharma and Aruna Kumari Sharma were married on 6.6.1982 at village Kumarpur, P.S. Bariyarpur, district Munger and on 24.10.1991 a male child was born out of the wedlock.

(2.) ON 19.4.1995, husband filed Title Suit (Matrimonial) No. 13 of 1995, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for dissolution of their marriage and thereby for a decree of divorce. Husband was in service in the Ministry of Defence, Government of India and was posted at Delhi, whereas wife had also joined Government service in the year 1988 and was working as Nurse at Raferal Hospital in Laxmipur block, within Jamui district.

(3.) HUSBAND filed a case under Section 9 of the Act for restitution of conjugal rights, which was registered as Matrimonial Case No. 6 of 1984 and was ultimately dismissed on 20.6.1987. Thereafter husband filed Matrimonial Case No. 2 of 1990, under Section 13 of the Act, which was withdrawn on 12.11.1990 on the basis of compromise. Thereafter husband went on visiting the wife from time to time, while she was permanently living with her parents and always tried to persuade her either to live with him at Delhi or with his parents at village Sanha, but she never agreed and always refused. He was misbehaved, tortured and even beaten. His letters were not even replied.