ASHOK KUMAR SINHA Vs. JAYA SINHA

JUDGEMENT

(1.) THE appellant is a husband who has sought divorce from the respondent -wife on the ground of cruelty. The contention raised at the hands of the appellant -husband was firstly, that the respondent -wife had willfully refused to have sexual cohabitation with him, and secondly, that she had been abusing, ill -treating and quarreling with the appellant, as well as, with his parents and brothers.

(2.) THE Family Court which adjudicated upon the claim raised by the appellant declined to grant the appellant a decree of divorce. The legal position remained unaltered even at the stage of the High Court which, by the impugned order dated 12.12.2003, rejected the prayer of the appellant for divorce.

(3.) SINCE the above factual position is not disputed and the statement of the respondent has not been placed on the record of this case, we have no doubt about the authenticity of the factual position expressed by the High Court in the impugned order. In view of the above factual position, it is not possible for us to accept, that the respondent -wife had willfully refused the appellant of sexual cohabitation.