SUMAN PRAKASH @ SUMAN MUNDU Vs. DIVYA LALITA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment dated 24th March, 2017 passed in Original Matrimonial Title Suit No. 130 of 2008 by the learned Principal Judge, Family Court, Ranchi whereunder the matrimonial suit instituted by the plaintiff-petitioner/husband/appellant herein for a decree of divorce under section 10 of the Indian Divorce Act, 1869 has been dismissed on contest, with a cost of Rs. 2000/-.The consequent decree is dated 03.04.2017.

(3.) The respondent-wife, in her written statement, denied the allegations as being false, frivolous and fictitious. The suit is misconceived and not maintainable and suffers from non-joinder and misjoinder of the party. Parawise reply to the complaint was also furnished where she also alleged that she was forced by the petitioner to leave the matrimonial house on non-fulfillment of demand of Rs. 2.5 lacs. The petitioner used to come in drunken condition late at night. According to her, she had gone to doctor with her sister and not with the Bhabhi. A daughter Sephali was born out of the wedlock of the parties. At para 35, she also stated that if any further dispute arose with respect to the daughter she and her daughter should be sent for DNA test which will make the situation clear. She alleged that the petitioner wanted to get rid of the respondent because of the reasons best known to him. Moreover, due to nonfulfillment of demand of dowry on behalf of her poor family, those insinuations have been made.