SMT. LAXMI DEVI Vs. INDER NATH

JUDGEMENT

(1.) The facts of the case are that parties are married in Jodhpur on 11-7-1975. it appears that soon after their marriage they started treating each other with differences. There never developed a resonance between them though until 1987 they lived together and had two issues out of the wedlock. However, during all this period there were differences, there were clashes, there were allegations of infidelity against each other and cruelty was alleged against each other, so much so that appellant had to write a talaq on stamp-paper on 29-7-1987 whereby she declared that she is scribing this declaration of talaq without any pressure. The document is on record as Ex. 1. There is yet another document on record which is Ex. 2A whereby the respondent-husband has scribed that he will never commit any kind of manhandling with the lady and would behave properly in future. This document is of March 3,1987.

(2.) Apart from these man-handling incidents, the husband alleged that the appellant had conceived from someone else and that pregnancy was terminated. Other allegations of the same kind were also levelled by the husband. In turn, the wife has also said that husband has contacted a gandharva vivah with one lady named Kiran and there are two issues from that marriage.

(3.) Various issues were framed by the trial Court and issues Nos. 1 and 2 were to the effect of cruelty and adultery. The trial Court after considering the issues Nos. 1 and 2 came to the conclusion that the husband has not been able to prove the loose character of the wife. However, the allegations levelled by the wife - Mst. Laxmi Devi against husband - Inder Nath were also found to be false. It was observed that she has also not been able to prove that husband was of easy virtues and had indulged into womanising and had married a different lady. The trial Court found that the allegations of the wife amounted to cruelty. These allegations were not the allegations actuated by the filing of a divorce petition by the husband. They date back to pre-litigation days and, therefore, were not a reaction but deliberate attempt on the part of wife to torture the husband by such irresponsible allegations. Taking into consideration the fact of cruelty, the marriage has been dissolved by the trial Court. Present appeal has been filed by the wife after feeling aggrieved by the said decree of dissolution of marriage by granting a divorce.