INDRASAN GOND Vs. LALMUNI DEVI

JUDGEMENT

(1.) THE applicant appellant has filed this first appeal against the judgment and order dated 29.3.2001 passed by the learned Additional District Judge -2 nd, Siwan in Divorce Case No. 20 of 1996 dismissing the applicant -appellant's application under Section 13(1), (ia) i.e. the respondent is living in adultery and that she treated the appellant with cruelty.

(2.) THE appellant filed the aforesaid divorce case claiming the relief of divorce on the ground of adultery and cruelty alleging that both were married in the month of May 1978 and second marriage was performed in February 1979. In February 1979 the respondent came to the house of appellant and lived there up to the month of September 1982. A son was born in June 1982. After three months the respondent left the house of the appellant without any reason. The further allegation is that the respondent has got illicit relation with her brother -in -law namely Surendra Prasad Gond. The respondent is cruel and according to her behavior the applicant is living a deserted life. Since the month of September 1982 several times the appellant asked the respondent to come to him but she refused to reside with the appellant. Thereafter legal notice was sent on 15.4.1995 and thereafter also when she did not come and file an application under Section 125 Cr.P.C., the instant case for divorce was filed.

(3.) THE wife Lalmuni Devi, who is respondent filed a contesting written statement denying all the allegations made by the appellant in the application. According to her she was being assaulted and ill -treated by the husband because the husband is himself illicit relation with her Bhabhi. She further alleged that the appellant started living with his brother's new wife and left to look after the opposite party i.e. the wife. In December 1994 he assaulted the respondent and removed her from his house as such she came to her father's house and started living there with her son and thereafter filed the application under Section 125 Cr.P.C.