SHAMBHU NATH PATHAK Vs. KANTI DEVI

JUDGEMENT

(1.) The present Appeal has been filed against order dated 02.04.2007 passed by the Principal Judge, Family Court at Aurangabad in Matrimonial Case No. 03 of 1992/97 of 2006 preferred by the Appellant seeking divorce.

(2.) The parties were married on 22.04.1984. On that date they were approximately 17 and 16 years of age respectively. The respondent stayed in the matrimonial home till February, 1985 only. She returned on 05.04.1988. A Male and Female child were born. The male child did not survive. The respondent expressed desire to continue with her studies and went back to the parental home on 06.04.1988 never to return. The Appellant filed suit for divorce alleging that she had adulterous relation with another contending that the girl child was born from that relationship. The Principal Judge disbelieved the allegations of adultery but noticed as a matter of fact that relations between the parties had been soured to an extent that there coming together did not appear possible. In the meantime, the respondent filed an application for maintenance under Section 125 Cr.P.C. which was allowed on 22.08.1991. The Appellant filed Criminal Revision No. 133 of 1991 against the same which was dismissed on 25.01.1993.

(3.) The learned Principal Judge, considering the long 14 to 15 years for which the parties had remained apart, instead of granting divorce passed a decree for judicial separation granting a permanent alimony of one lakh.