RABINDRA KUMAR Vs. USHA DEVI

JUDGEMENT

(1.) This First Appeal is directed against the judgment dated 28.07.2004 and the decree signed on 06.08.2004 passed in T.M.S. Case No.181 of 2001 by which the Principal Judge, Family Court, Dhanbad, dismissing the suit filed by the appellant-husband for a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and a further direction was given by the court-below to the appellant-husband to pay a sum of Rs.7000/- per month to the respondent-wife from the month of July, 2004 which included Rs.4000/-per month for the wife and Rs.3000/- per month for the minor son, Lalan Kumar upto attaining age of majority.

(2.) The case of the appellant-husband, in brief, is as under:

(3.) On the other hand, the respondent-wife appeared and filed her written statement before the Court below. It was stated by her that the female child (alleged to be illegitimate by the appellant-husband) was delivered by her on 19.11.2001 out of the matrimonial relationship with the appellant-husband but the said female child died on 07.12.2001. She specifically pleaded the paternity of the appellant-husband with respect to the said child. She explicitly said that she was willing for the D.N.A. test as proposed by the appellant-husband and inflicted counter allegations of torture, cruelty and adulterous relationship on the part of the appellant-husband. She further stated that the appellant-husband had neglected her and their son and therefore, she asked for alimony pendente-lite under Section 24 of the Hindu Marriage Act, 1955. The respondent-wife has alleged that the appellant-husband left the house to live with some other lady to whom he wants marry.