NEELAM DEVI Vs. DEVENDRA KUMAR MANDAL

JUDGEMENT

(1.) THIS First Appeal has been filed by the wife and another against the judgment and decree dated 30.8.2003 passed by Sri Rajendra Sinha, the learned 2nd Additional District and Sessions Judge, Madhubani in matrimonial case no. 15 of 2003 allowing the application filed by the husband-respondent under Section 13 of the Hindu Marriage Act and dissolving the marriage ex-parte.

(2.) THE husband-respondent filed the said application under Section 13 of the Hindu Marriage Act alleging that Neelam Devi, appellant no.1 was married with him on 27.6.1988. Duragaman was performed one year after the marriage. THEn, they started living together happily. A son and a daughter were born to them. Since March 1999, the wife, Neelam Devi begun to flee away to her Naihar without consent of the husband and started treating the petitioner with cruelty and also she behaved with cruelty towards the family members of the petitioner. She also started refusing co-habitation with the petitioner from March, 1999. THE petitioner further alleged that appellant no.2, Ravi Kumar was always visiting their house and was always talking with the petitioners wife. Petitioner learnt that his wife was living in adultery with Ravi Kumar, so, he requested his wife to amend her character but to no effect. Once, she gave poison to the petitioner but by the grace of god, his life was saved. His wife used to beat the children with cruelty. THEn, he brought her to the residence at Manorama Auto Service Centre but there also, she used to flee away. On 13.3.2003, when the petitioner returned to residence at about 7 P.M., he found the appellant no.2, Ravi Kumar in compromising condition with his wife, appellant no.1.

(3.) IN view of the above rival contentions of the parties, the point arises for consideration is as to whether the impugned judgment and decree are sustainable in the eye of law?