MANISHA SAHAY Vs. SANJAY KUMAR SINHA

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act is directed against judgment and decree dated 12.1.2007 passed by the Principal Judge, Family Court, Bhagalpur in Matrimonial (Divorce) Case No.96/2001. By that judgment, the Family Court declined to pass a decree of divorce sought by the respondent, who is husband of the appellant but a decree of judicial separation was granted along with a direction to the husband to pay Rs.3,000/- per month to the appellant towards her maintenance and that of her two minor sons. Appellant has prayed for dismissal of the suit along with a decree for enhanced maintenance on the basis of figures of salary of the respondent brought on record of this appeal through different interlocutory applications.

(2.) The facts relevant for deciding this appeal may be noticed in brief. Marriage between the appellant and the respondent was solemnized on 7.2.1999. Leaving her parental house at Bhagalpur the appellant lived with her husband at Dumka. Soon she came in the family way and she was sent to her parental place for birth of the first child, according to the plaint as per desire of her parents. The respondent teaches in a college at Dumka and hence, he could visit the appellant only occasionally. In course of time, the respondent noticed changes in the behaviour of his wife and according to his case in the plaint, the appellant was not willing to live at Dumka and wanted the husband to seek transfer to some other place. He was allegedly subjected to misbehaviour and humiliation by the wife in public and this caused mental shock to him. Due to such developments relationship became strained and allegedly there was no cohabitation between the parties since 16.8.1999 on account of refusal by the appellant. The first issue, a son was born on 21.4.2000 at Bhagalpur. The respondent has alleged that he went to the medical clinic where child was born but the response of his wife was not good. However, ignoring all these, respondent begun to persuade the appellant to come to Dumka but the request was turned down. This caused mental harassment and agony. The respondent has claimed that his wife in collusion with her father started sending fake letters in fake names to higher authorities of the college and the university so as to humiliate him. He also alleged that she acted in cunningness and only to humiliate him and keep an eye on his family affairs, she started attending social functions with him. According to him, while she attended family functions like engagement, Tilak and marriage ceremony of his younger brother, she and her parents preferred to reside with others who were inimical to him. He also alleged to have gathered information that appellant was leading adulterous life and had extra marital relationship with other persons. In this connection he claimed a chance meeting with some persons at Bhagalpur whose talks confirmed his suspicion.

(3.) The suit was filed on 11.12.2001 and the second child, another son, was born on 17.8.2002. On the ground that the appellant had deserted the respondent from 16.8.1999 and there was no cohabitation since then, in course of the suit proceeding the respondent husband took the stand that he was not the father of the second child. The suit for divorce was thus based on the ground of desertion as well as alleged adultery.