KAMAL GORAI Vs. MANKA GORAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 23-12-1988 passed by Principal Judge, Family court, Dhanbad, in Matrimonial Suit No. 329 of 1995 whereby he dismissed the suit filed by the appellant-husband for dissolution of marriage by a decree of divorce.

(2.) NOTICE of appeal was sent to the respondent-wife but in spite of service of no tice she has not appeared.

(3.) THE appellant-husband filed the afore mentioned suit for dissolution of marriage by a decree of divorce on the ground of adul tery and cruelty as contemplated under Sec tion 13 (1) (i) (I-a) of the Hindu Marriage Act, 1955. The case of the appellant, as alleged in the application, is that the marriage be tween the appellant and the respondent was solemnized in 1979 and after the marriage both of them led their conjugal life till 1990. Out of the said wedlock a female child was also born. The appellant alleged that the respondent-wife started mixing with the persons of the locality and she developed illicit relationship with respondent No. 2, lalmohan Gorai, an employee of Medical store of Central Hospital of Bharat Coking coal Ltd. It was alleged by the appellant that he found the respondent-wife in compromising posture with respondent No. 2, lalmohan Gorai in his residence. A dispute arose between the appellant and the respon dent. Subsequently the dispute was com promised and they began to live together but the appellant again made the same allegation that the respondent-wife had illicit relationship with Lalmohan Gorai, respondent No. 2.