GOPAL KRISHNA CHOUBEY Vs. REETA DEVI

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and learned Counsel for the Respondent.

(2.) The instant First appeal has been filed on behalf of the appellant against the the judgment dated 11.5.2004 and decree dated 26.5.2004 passed by Sri Narendra Kumar Srivastava, 1st Additional District Judge, Gumla in Divorce Case No. 2 of 2002 by which judgment the suit was decreed and marriage between the appellant- petitioner and respondent-opposite party was dissolved. However, the appellant has preferred this appeal since, the learned Additional District Judge, although, granted divorce, but in para 25 of his judgment directed the appellant- husband to allow the respondent-wife to remain in the house in which she is residing at present and the appellant- petitioner was further directed to give electricity, water and other facilities to the Respondent so that she may live in the house with the status of the petitioner till she is remarried. If, any report regarding any assault, misbehaviour to the respondent is reported then the respondent will be at liberty to take legal action in accordance with law.

(3.) It is this observation against which the appellant has filed this appeal stating therein that the order is absolutely against law, since the appellant has filed application of divorce on the ground of cruelty and torture by the wife and even after grant of divorce, if she is allowed to live in the same house and continue to torture, it will amount to double injustice to the appellant. Moreover, he has further submitted that the respondent is living presently, admittedly in the joint family house where the appellant is residing with his mother and brother and the house belong to his mother. In that view of the matter, learned trial court should not have passed such unjust order and hence that party of the order is fit to be set aside.