REKHA DEVI Vs. SANJEEV KUMAR JHA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent No. 1.

(2.) Wife is the appellant. She has filed this appeal questioning the correctness of the impugned judgement dated 18.07.2012 passed by learned Principal Judge, Family Court, Munger, in Title (Matrimonial ) Suit No. 119/2005 whereunder her marriage with respondent No. 1 has been dissolved and one of the grounds taken to allow the request of the husband for dissolution of the marriage is that she had illicit connection with respondent no.2 from whom she also gave birth to a female child on 20.09.2002 i.e. within five months and fifteen days of her second marriage/gauna.

(3.) It is submitted on behalf of the appellant that she filed written statement in the Court below asserting that even prior to the second marriage, respondent no. 1 was regularly visiting her parent's house and though the second marriage was performed on 5.04.2002 but marriage prior thereto consummated and she conceived through respondent no. 1 much prior to her second marriage and for delivering the child, she had come back to her parental house on 14.02.2002. In this connection, it is also pointed out that the appellant had volunteered before the Court below to get the paternity of the child detected by subjecting all concerned to submit their DNA sample.