JHABAR MAL Vs. GUDDI ALIAS KAMLA

JUDGEMENT

(1.) THE appellant -husband is challenging the order dated 17.10.2000 passed by the Additional District Judge, Neem Ka Thana, Distt. Sikar in Divorce Petition No. 27/1998 by which order the divorce petition filed by the appellant -husband was dismissed.

(2.) THE parties were married on 2.7.1992 as per Hindu rites at village Jaswantpura and live together as husband and wife at Dhani Navedi Tan Trilokpura. She was sent in 'Muklava' to his matrimonial house after two years in July,1994. It was alleged that just after 5 or 6 days, the parties started quarrelling with him and his parents, younger brother and younger sister of the husband. It was further alleged that she had a habit of taking 'Gutka' (Zarda Masala) in such quantity. She was asked not to indulge in toxicating eating Masala, She left for her parents in the year 1995, but again came back in August, 1995. She was again taken away by her parents. It was alleged that some young persons from her village used to come whose visit was being objected. The appellant was doubting the character of the respondent -wife. It was alleged that when the appellant was at Delhi in connection with his work, the respondent -wife killed his mother on 13.9.1995 by giving as many as 21 injuries and buried her. An FIR was registered against her. She was arrested on the same day and was sentenced to Life Imprisonment on 26.8.1998. It was also one of the grounds that the respondent -wife was not staying with the husband -petitioner for last more than three years at the time of filing of the divorce petition.

(3.) IN regard to issue No. 5 about the previous application of divorce having been filed by the appellant, the Trial Court had given a finding that it did not amount to res judicata as no final decision was given by the Court.