VISHNU PRASAD SHARMA Vs. DURGA BAI

JUDGEMENT

(1.) The present appeal under Section 28 of the Hindu Marriage Act, 1955 is filed by the Husband - Vishnu Prasad against the judgment and decree dated 7/1/2006,whereby, the learned District Judge, Pratapgarh dismissed the divorce application filed against the respondent wife, Smt. Durga Bai under Section 13 of the Act while deciding civil misc. case no. 109/2001.

(2.) The marriage in question between the parties took place on 19/4/1988 and both the parties lived together till the year 1993 and out of the said wedlock, a girl child, Poornima, was born. The divorce application was filed by the husband inter alia on the ground of cruelty and desertion by the respondent wife. Both the parties led evidence before the learned District Judge and the court below has found that no grounds of curelty and desertion have been established by the appellant husband and on the contrary, it appears from the statements of respondent wife Ex.A/8 in connection with proceedings under Section 498A IPC that the appellant husband had entered into a 'nata' marriage with another lady named Maya on 24/3/2000 but since he was in Government service as a Teacher, he concealed this fact of second marriage and created such a situation for respondent wife that she could not live with him and consequently desertion was not proved by the appellant husband. The learned court below also held that merely filing of complaint under Section 498 A IPC by the respondent wife could not amount to cruelty committed by her on the appellant husband and thus, divorce application was dismissed.

(3.) During the pendency of present appeal, this Court also made efforts for reconciliation between the parties and proceedings in this regard recorded on 13/1/2012 are reproduced hereunder for ready reference:-