RUPLAL MAHTO Vs. PYASI DEVI

JUDGEMENT

(1.) THIS appeal, at the instance of the appellant, is directed against the judgment and decree dated 16.6.1993 passed in Title (Matrimonial) Suit No. 51/90, whereby and whereunder the learned 4th Additional District Judge, Dhanbad dismissed the suit.

(2.) THE plaintiff -husband brought a suit stating, inter alia, that the marriage was solemnized between plaintiff and defendant Smt. Pyasi Devi according to Hindu rites and customs in 1980 and after marriage parties lived together as husband and wife at village Ratu Tand within Dhanbad district and after 1988 the defendant -wife was living in adultery with defendant No. 2 Sahdeo Mahto. The dependent No. 2 is her brother -in -law and he used to come to the house of the plaintiff in his absence. The plaintiff was general Mazdoor under Bharat Cocking Coal Limited and his old mother was living in the house. When the plaintiff saw his wife in adultery with defendant No. 2, then he told to divorce her, but his wife threatened him to falsely implicate in dowry case and this caused reasonable apprehension in the mind of plaintiff that it would be harmful and injurious for the plaintiff to live with defendant No. 1 and further that no issue was borne out of the wedlock and on 23.6.1990 wife -defendant No. 1 left the house of the plaintiff without consent of the mother of the plaintiff.

(3.) ON the aforesaid pleading of the parties, the learned Court below framed the following issues: - -