RAMESH KUMAR Vs. BHANWARI DEVI

JUDGEMENT

(1.) THIS special appeal is directed against the order dated 9.3.1995 passed by the learned Single Judge dismissing the appeal filed by the appellant upholding the order of the District Judge, Bikaner, dismissing the petition for dissolution of marriage by decree of divorce.

(2.) THE necessary facts giving rise to the instant appeal are that the appellant Ramesh Kumar filed a petition Under Section 13 of the Hindu Marriage Act seeking decree of disolution of marriage with the respondent Smt. Bhanwari Devi. The appellant marriage with the respondent Smt. Bhanwari Devi in July, 1982 in accordance with the Hindu rites. She hardly stayed for 4 to 5 days with him and then left for her parents house at Dungargarh. She returned after two months and stayed hardly for three days and left the house without any information to him. He came to know that she left the house in the company of one Meghwal. He lodged the missing report at Police Station, Sujangarh. She was found roaming in the company of the second respondent Satya Narayan. She was also produced before the Judicial Magistrate, Churu, in her statement Under Section 164 Cr.P.C. she stated that she left her matrimonial home in the company of Satyanarain. She also admitted her illicit relations with him. Smt. Bhanwari Devi filed a written statement denying the plaint allegation. On the material controversy the learned District Judge framed the following issues: .........[vernacular ommited text]...........

(3.) IN appeal by the husband, inspite of notice respondent Smt. Bhanwari Devi did not put in appearance. The learned Single Judge found that the husband failed to establish the charge of adultery against the respondent wife. He further observed that the decree for divorce cannot be passed on the ground of desertion because once the allegations of adultery are levelled against the wife then the question of desertion became totally irrelevant, as no wife can live with a husband who had made false and fabricated allegation of adultery against his wife. In view of the finding the learned Judge dismissed the appeal.