KIRAN DEVI Vs. BATUL KUMAR VERMA

JUDGEMENT

(1.) Heard the parties.

(2.) Before coming to the necessary facts and formality of adjudication, we would like to record that this is one of the few unusual cases one comes across while hearing matrimonial disputes. The Appellant ('wife' for brevity) was married to the Respondent ('husband' for brevity) in the year 1994 and a son, Anish Kumar Verma was born on 11.10.1995. He is presently studying in a school at Patna and doing well in his studies.

(3.) In 1999 the present litigation began with filing of Matrimonial Case No. 25/ 1999 by the wife seeking a decree for restitution of conjugal rights. The husband made a counter claim for a decree of divorce on the ground of desertion and cruelty. According to the wife, she was forced to live separately since March 1995 whereas according to the husband they were living separately since October 1994 itself. After considering the rival cases, the learned Principal Judge, Family Court, Rohtas at Sasaram came to an opinion that since there is allegation and counter allegations from both the sides and since husband and wife were living separately for the last 14 to 15 years the marriage has broken down irretrievably. On such findings and reasonings the claim for restitution of conjugal rights of the wife was rejected and decree of divorce for dissolution of the marriage was allowed along with alimony and maintenance at the rate of Rs. 3,000/- per month to the wife and at the rate of 1,000/- per month to the son, Anish Kumar Verma payable through his mother.