ANJANA DEVI Vs. RAJU RANA

JUDGEMENT

(1.) Heard learned counsel for the appellant. Despite the fact that twice notices were effected upon the respondent/husband, he has chosen not to appear and contest the appeal

(2.) This appeal, by the aggrieved wife, is directed against the judgment dated 30.11.2014 passed by the learned Principal Judge, Family Court, Bokaro in Matrimonial Suit No. 286 of 2013, whereby the marriage between the parties has been dissolved at the instance of the husband/respondent herein. The consequent decree is dated 11.12014.

(3.) The case of the petitioner/husband was based on the allegations of adultery against the wife. As per the pleadings contained in the plaint, the parties entered into marital knot on 10.5.1995 as per Hindu rites and customs. They lived together at Chas, Bokaro and were blessed with four children. He has a dwelling house at Chas where one Rakesh Kumar son of Chandra Prakash Vimal of Village- Kura Nawada, Post-Punpun, P.S.- Parsa Bazar, District- Patna was living as renter and was preparing for competitive examination of Banks, Railways etc. and also working part time in the department of M.V.I. Petitioner's old mother is half blind due to old age. The children used to go to their school at 9.30 a.m. and return home at 4 p.m. The petitioner also used to leave house for work at 10 a.m. and return home after 5.30 p.m. It is alleged that his wife and the tenant Rakesh Kumar got into illicit relationship. The opposite party also started giving slow poison in his food which resulted in deterioration of his health. The children knew about it but were threatened not to tell it to any one otherwise she would leave them. The neighbours and others also saw the illicit relationship but the applicant did not believe their statements. On 11.05.2012, he suddenly returned from his work to take a file of G.R. Case No. 502 of 2009 which he had forgotten. On entering his house he saw his wife and the renter bathing in the same bath room without any clothes. Thereafter, the tenant ran away. The children were off to school. The tenant did not return through whole of the day but in the next morning he found he had left the house along with his wife who started living with him. He has further alleged theft of Rs. 60,000/-. Despite information given to the parents and brother of the opposite party, they did not take any action and left her. Therefore, he has sought dissolution of marriage on the ground of adultery for which cause of action arose on 11.05.2012.