SOHAN LAL VYAS Vs. VIMLA

JUDGEMENT

(1.) THIS appeal is directed against the order of learned Judge, Family Court, Jodhpur dated 15. 10. 1999 by which application filed by the appellant under Section 13 for dissolution of his marriage with respondent has been rejected.

(2.) THE parties to this appeal were married in April 1957 at Jodhpur. Two sons were born out of this wedlock. At the time of filing of application under Section 13 on 19. 7. 1994, the elder son was aged about 28 years and younger son was aged about 25 years. Second son was born at Jaipur where appellant had shifted after he got the job in Jaipur. THE application for dissolution of marriage preferred after 37 years of marriage was founded on two fold grounds. Firstly, that the respondent wife treated the appellant-applicant with cruelty, which has caused the appellant mental and physical harassment and physical harassment and he does not feel safe to live with his wife anymore, secondly, willful desertion by wife since 25. 12. 1991, after the marriage of their elder son. Thus, according to the averments made in the application, as on the date of filing of application on 19. 7. 1994, the respondent had deserted the applicant for more than two years.

(3.) THE appeal was preferred against the order dated 15. 10. 1999 on 12. 11. 1999. After about three years of preferring the appeal, an application under Order 41 Rule 27 was filed by the appellant to permit him to lead additional evidence by producing written statement dated 31. 5. 2000 filed by the wife in Civil Original Suit No. 20/99, Sohan Lal vs. Vimla Devi pending in the Court of Additional District Judge No. 6, Jaipur and reply dated 6. 9. 2002 submitted by wife in response to objection petition filed by one Meena Sahai in Execution case pending in the Court of Additional District Judge No. 2. Jaipur at the instance of Vimla Devi to recover the amount of maintenance allowed to her. THE objection petition filed by Meena Sahai was registered as Objection Petition No. 47/2002, Meena Sahai vs. Vimla Devi. THEse documents were sought to be produced on record in order to bring out that wife has accused husband of infidelity time and again in her pleadings and relying on decisions of Supreme Court, a ground was sought to be raised at appellate stage that such act of accusing infidelity against husband amounts to an act of cruelty which makes it impossible for husband to live with wife and on that premise, entitles him to claim a decree for dissolution of marriage. During the course of hearing on 7. 12. 2005. an application was moved captioned under Order 7 Rule 7 read with Section 151, CPC for taking on record the facts which have come into existence subsequent to the decision of Family Court.