KUSUM LATA Vs. BHANWAR LAL

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This appeal is against the divorce decree dated 24.5.2005 passed by the Court of District Judge, Pali in Civil Misc. Case No. 12/2004 filed by the respondent, husband of the appellant.

(3.) The unfortunate facts of the case are that there were several rounds of litigations between the appellant and the respondent which started within a period of 2 years from time of their marriage, which took place on 20.02.1981. The allegations are of serious nature and that too in relation to the character of the appellant as the respondent husband in his first divorce petition No. 258/1988 (Old No. 124/1985) alleged that the appellant developed illicit relationship with some other person and gave birth to one child. That allegation was found to be wrong by the Court in the decision on the respondent's divorce petition dt. 12.06.1989. The appellant levelled serious allegations against the character of her father-in-law and alleged that he tried to molest the appellant. The appellant could not prove that allegation in divorce petition No. 258/1988 filed by the respondent. The disputed developed between the parties within two years from the time of marriage and the appellant's brother submitted an application under Section 97 Cr.P.C. For getting release the appellant from the alleged illegal confinement by the respondent and in that proceedings initiated on 31.01.1983 by the appellant's brother in the Court of the S.D.M., Pali, the S.D.M. Pali issued search warrant on the very same day i.e. 31.01.1983 itself. In pursuance of that order, the appellant was produced in the Court of S.D.M. Pali on 02.02.1983. In the same proceedings, the appellant gave her statements alleging that she was illegally confined by the respondent and his family members and she was treated cruelly. Apart from the said proceedings, the respondent husband submitted divorce petition No. 258/1988 which was decided by the Family Court, Ajmer vide judgment and decree dated 12.06.1989 by dismissing the divorce petition on the grounds mentioned above. The respondent preferred DB Appeal No. 337/1989 before Jaipur Bench of this Court. The Hon'ble Judges of this Court made efforts favor settlement between the parties and because of the good efforts of the Hon'ble Judges, both the parties started living together and, therefore, the appeal was dismissed by the High Court on 26.03.1991. Despite reunion, the parties could not live together for a long period and again within two years, they started living separate.