DINESH KUMAR MANDAL Vs. MINA DEVI

JUDGEMENT

(1.) This appeal, at the instance of the appellant has been filed against the judgment dated 16-5-1998 passed by the District Judge, Godda in Matrimonial Case No. 4 of 1997 filed under Section 13 of the Hindu Marriage Act whereby and where under the learned district Judge dismissed the suit.

(2.) The case of the appellant/plaintiff is that he was married with the respondent No. 1/defendant (Mina Devi) in the year, 1994 according to Hindu rites and customs and after solemnization of marriage, defendant No. 1/respondent went to her Sasural and lived peacefully there for 2-3 months and thereafter she returned back to her Naihar and she, thereafter whenever went to her Sasural. left her Sasural without permission of her husband or in-laws and thereafter she used to return back to her Sasural. Once she fled away from her Sasural and she was brought back to her Sasural by Bhagalpur police. Still plaintiff kept her and wanted that she should reside in his house as his wife but she did not change her habit and moved freely and resided in the house of several persons without permission of her husband or her Sasural people. The appellant/plaintiff has also alleged in his complaint that he (she) was living adultery with one Nirmal Kumar who was made respondent No. 2 in this case. When it became difficult for the appellant/plaintiff to reside with her, then he has filed this Title (Matrimonial) Suit for divorce.

(3.) The respondent/wife appeared and filed written statement in which she has denied all the allegations levelled against her. On the other hand, the respondent/wife has stated that she had caught one day having- illicit relationship of her husband with the wife of his elder brother and she and the respondent No. 1, appellant/husband for which the respondent's wife was assaulted. Respondent's wife had even disclosed the matter among the ladies of the village and also to her father-in-law and mother-in-law and that is why the appellant/plaintiff assaulted her and drove her out but there is complete denial of the allegation levelled against her in her written statement.