KRISHNA MURARI SHARAN Vs. PUSHPAGANDHA SINHA

JUDGEMENT

(1.) BOTH the appeals arise out of same judgement and order of the Additional Principal Judge, Family Court, Patna dated 2-12-2006 in Title Suit (Matrimonial) no. 37/1998. Since the application for divorce u/s 13 of the Hindu Marriage Act preferred by the husband Krishna Murari Sharan was allowed, the main appeal bearing M.A. no. 672/2009 is by the wife Pushpagandha Sinha. The other matter is by way of cross appeal by the husband against the part of the judgement granting custody of minor son to the wife till the child attains the age of 15 years and alimony of Rs. 5,000.00 per month for the wife and Rs. 2,000.00 per month for the child.

(2.) EARLIER both the appeals were heard and were dismissed by judgement and order dated 16-3-2010. That order was summary in nature passed at the stage of Order 41 Rule 11 of the Civil Procedure Code and the view for dismissing the appeals was largely on account of failure of efforts for amicable settlement of dispute between the spouses and materials which showed that the marriage had failed irrevocably. That order was challenged by the wife before the Apex Court through Civil Appeal nos. 38073- 74/ 2011. By order dated 2-5-2011 the appeals were allowed, the judgement of this Court passed earlier on 16-3-2010 was set aside and the matter was remitted to this court for fresh disposal of appeal filed by the appellant, that is, M.A. no. 672/2009. The observations of the Supreme Court in order dated 2-5-2011 require this court to hear that appeal like a First Appeal and decide the matter after examining the pleadings and evidence of the parties and after recording detailed reasons for approving or disapproving the findings of the Family Court on the issues framed by it.

(3.) SO far as main appeal bearing M.A. no. 672 of 2009 is concerned, it will be relevant first to notice that the decree of divorce was granted by the Family Court on the prayer made by the respondent husband on the ground of mental torture and cruelty. In paragraph 2 of the judgement under appeal the learned Additional Principal Judge, Family Court, Patna has noted the case of the respondent husband. The same is recapitulated for the purpose of this appeal.