INDU MISHRA Vs. KOVID KUMAR GAUR

JUDGEMENT

(1.) Since these two civil appeals under Section 19 of the Family Courts Act, 1985 arise out of common judgment & decree dated September 23, 1996 passed by the learned Judge, Family Court, Ajmer in Case No. 22/1993, they Have been heard together and are being disposed of by this common judgment.

(2.) The relevant facts are that Kovid Kumar Gaur, the respondent-husband was married to appellant Smt. Indu "Mishra on November 25, 1989 at Ajmer as per the Hindu rites and customs but soon thereafter their marital relations got strained and the respondent-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 for divorce on the ground that the appellant-wife was living in adultery who had deserted him and deprived him of cohabitation with her for over 2 years. It was further averred that the appellant-wife along with Bheema Ram Choudhary perpetrated cruelty upon him by extorting money from him time and again by giving threats to kill him and by actually beating him. Both the appellants herein filed separate replies to the petition denying the averments made therein. The appellant-wife further alleged that she had seen her husband in compromising position With his Bhabhi (brother's wife). She also alleged that respondent-husband and his Bhabhi gave her beating on 19-1-1990 so much so, she suffered injury in her Kidney for which she was referred to All India Institute of Medical Sciences, New Delhi for treatment where she was got admitted and received treatment. Despite this maltreatment and physical as well as mental torture she lived with her husband for about 6 months thereafter. It was also alleged that his Bhabhi got pregnant as a result of her illicit relations with respondent-husband who got her abortion done. Both of them denied having illicit or immoral relations between them and averred that they have pious social relations. They also denied that they were living together under one roof.

(3.) The trial Court framed four issues on the basis of the pleadings of the parties which are mentioned in the impugned judgment of the trial Court.