MANOJ KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner was married to Ramawati Devi @ Gharbharan Devi sometime in the year 1995. The Petitioner filed a divorce under Section 18 of the Hindu Marriage Act on the ground that his wife was involved with another man namely Dilshad Ahmad. The opposite party No. 2 also filed an application under Section 125 of the Code of Criminal Procedure for maintenance.

(2.) The divorce case and the application under Section 125 of the Code of Criminal Procedure were heard by the same Court i.e. the Principal Judge, Family Court, Bettiah, West Champaran. In both the cases, witnesses were examined on behalf of both sides. The case made out by the Petitioner is that his wife was earlier married to one Shambhu Prasad Kanu. It is his claim that without divorcing Shambhu Prasad Kanu, she married Chhowalal Sah. He was blessed with one son and two daughters. After the death of Chhowalal Sah she started living with his brother Mohan Sah. In fact it has been alleged by the Petitioner that Chhowalal Sah committed suicide because opposite party No. 2 was involved with Mohan Sah. Eventually the Petitioner and Ramawati Devi @ Gharbharan Devi got married and began to live together. It is alleged that the Petitioner filed for divorce on the ground that his wife was sexually involved with Dilshad Ahmad.

(3.) The case of the opposite party No. 2 is that she has been living with her husband. There was a demand of dowry for which she instituted a case under Section 498A of the Indian Penal Code. A proceeding under Section 107 of the Code of Criminal Procedure was also initiated which ultimately culminated into compromise. However, all these facts had an adverse effect on the relationship between them.