RAKHI KUMARI @ SONI Vs. SRI BRIJ NANDAN RAM

JUDGEMENT

(1.) Heard learned counsel for the appellant wife and the counsel for respondent husband.

(2.) This appeal has been filed by the wife assailing the judgment dated 6th Oct., 2012 passed by Principal Judge, Family Court, Patna in Matrimonial Case No. 53 of 2005, where under matrimonial case filed by the respondent under Sec. 13(1)(i)(i-a) of the Hindu Marriage Act, 1955. has been decreed on contest and the marriage between the husband and the wife solemnized on 19.05.2002 has been dissolved by decree of divorce on the ground that the wife was in adulterous relationship with Opposite Party No. 2, her elder brother-in-law. In this connection, learned Principal Judge framed issue Nos. 3, 4 i.e. as to whether Opposite Party No. 1 is living an adulterous life with Opposite Party No. 2 and if the answer is affirmative, such relationship is cruelty towards the husband. Issue Nos. 3, 4 have been discussed by the court below in Paragraphs 9, 10, 11, 12, 13, 14 and 15 of the impugned judgment in the light of the evidence of the husband, P.W. 1 and the wife, O.P.W. 3 and other witnesses.

(3.) It is submitted on behalf of the appellant that the findings recorded by the trial court does not conclusively prove that wife lived in adulterous relationship with her brother-in-law, Opposite Party No. 2. The wife appeared, denied the allegations by filing written statement and also appeared as a witness but Opposite Party No. 2 neither filed any written statement nor appeared as a witness in the proceedings. Though the court below appraised the evidence of the witnesses in the paragraphs noted above, counsel submitted that the aforesaid evidence does not clinch the issue against the appellant and the finding should be set aside.