BIRJU KUMAR Vs. ANITA KUMARI @ PARWAT DEVI

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 14.06.2011, passed by the learned Principal Judge, Family Court, Begusarai, in Matrimonial Case No. 61/02, by which the application filed in the court below by the appellant for grant of decree of divorce against the respondent, in terms of Section 13 of the Hindu Marriage Act, 1955, has been dismissed.

(2.) The case of the appellant, in brief, is that his marriage with the respondent, namely, Anita Kumari @ Parwati Devi, was performed on 10.05.1998 as per customary rites and Ceremonies of the respective parties and on the very date itself, when the Barat of the appellant reached the village of the respondent, some anti-social elements assaulted the brother-in-law of the appellant with intent to force the 'Barat Party' as to return back, so the marriage could not be performed but anyhow the marriage solemnized. After marriage the respondent went to her matrimonial house and stayed there for few days but returned back to her parental home as per the local custom and remained there continuously for a period of one year. Later on, the appellant learnt that the respondent being a corrupt lady, but he did not believe, as if, it be a rumour. The further contention of the appellant is that the respondent after coming back to the matrimonial house, started abusing and quarreling with the family members of the appellant and she was not willing to reside at her matrimonial house. When she was residing at matrimonial house, some youngsters of her native village usually came to meet her for one pretext or the others, which led strong suspicion in the mind of the appellant, regarding the conduct of the respondent. The appellant became vigilant and one day he found his wife writing a love letter to her beloved, whereupon her father was called and informed about the said conduct of the respondent. Thereafter the respondent tried to disassociate herself from the appellant, even by not sharing the bed. The respondent anyhow managed to procure some poison and started threatening the appellant and his family members as to take poison and implicating them in false case, whereupon her father was again informed regarding her subsequent conduct. Father of the respondent came and took his daughter back to parental home. The respondent refused to return back to her matrimonial house and in writing, she expressed her desire for dissolution of matrimonial relation. The further case of the appellant is that the respondent has been leading an adulterous life and she also gave birth to an illegitimate female child. The last cause of action for filing the divorce case, is said to have been arisen on 15.10.2002 when the respondent informed the appellant to commit suicide if she would be compelled to live together with him.

(3.) No one appeared, on behalf of the respondent. However the case of the respondent is well discussed in the order under challenge. The respondent denied each and every contention of the appellant except for admitting the factum of marriage with the appellant and further that after the marriage she returned back to her parental house and remained there for one year. The respondent specifically denied that she ever quarreled and abused the family members of the appellant, having intention to return back to parental home. The respondent also denied that youngsters of her native village ever came to meet her, when she was residing at matrimonial home. There has been specific denial that she had been ever caught by her husband, writing a love-letter to anyone. The respondent has specifically denied that she had been leading an adulterous life and given birth to an illegitimate female child, as also, she ever expressed her desire for dissolution of marriage.