ARUN KUMAR SINHA Vs. MANJULA SINHA

JUDGEMENT

(1.) THE plaintiff -husband has filed this first appeal against the judgment and decree dated 24.08.1998 passed by learned 1st Additional District Judge, Gaya in Title Suit No. 01 of 1996/03 of 1995/16 of 1990 dismissing the suit filed by the plaintiff for divorce.

(2.) THE plaintiff filed the aforesaid suit for a decree of divorce dissolving the marriage of the plaintiff with the defendant alleging that he was married with the defendant on 08.06.1969. On 10.12.1977 the plaintiff saw that the defendant took all her belongings, ornaments, cash and some personal original documents of the plaintiff including the sale deed dated 28.02.1977 and left the house of the plaintiff. She abandoned the plaintiff's house forever. The plaintiff made all possible steps to bring her to his house but she did not come back. The plaintiff sent several letters of request for returning but she did not respond. She started sending gundas for assaulting the plaintiff. The plaintiff once fell ill and then sent information but she never came and informed the plaintiff that she will not come to his house rather she will reside in her father's house. Since 10.12.1977 the plaintiff has no connection with her and the plaintiff apprehends that she is living in adultery with some local gundas as now she is proclaiming that she has got two children; one boy and a girl. The said children are not of the plaintiff. Many times the plaintiff met the defendant on road and requested her to come but she flatly refused. The plaintiff came to know that the defendant has filed applications before the Chakbandi Officer and Deputy Director, Mahila Cell making false statements. The defendant also filed an application under Section 144 Cr.P.C. before S.D.O. bearing Case No. 668 of 1989.

(3.) ON the basis of the aforesaid pleadings of the parties, the learned court below framed the following issues: