HARISH CHANDRA CHATURDAS Vs. RAM GOURI DEVI

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree passed by the Third Additional District Judge, Singhbhum, dismissing his suit for the dissolution of his marriage with his wife respondent No. 1 by a decree of divorce or, in the alternative, for a decree for his judicial separation from her.

(2.) It is not disputed that respondent No. 1 is the lawfully wedded wife of the appellant, their marriage having taken place on the 14th December, 1954, and that a son was born to them in the year 1957. That son, however, died within fifteen days of his birth.

(3.) The case of the appellant is that the dealings of respondent No. 1 were never warm towards the appellant. After the premature death of the child in 1957, she became extremely moody and morose and adopted a wholly indifferent attitude towards the household of the appellant. To repeated interrogation made by the appellant, she always said that her child had been visited with her sins and, on account of her sins, had met with premature death. On the appellant's repeated request made to her to disclose her heart to him, on the 13th April, 1958, she wrote out a letter addressed to him (Ex. 4) and handed it over to him. This letter disclosed some horrible secrets covering her maiden and married life, admitting therein that she had committed repeated acts of adultery with several persons, including her own father (respondent No. 2) and her neighbours (respondents 3 and 4) who were on frequent visiting terms with her. On a perusal of this letter, the appellant became totally upset and refused to accept respondent No. 1 any longer as his wife. Next morning i.e. on the 14th April, 1958, respondent No. 1 was removed to her father's house in the same town (Jam-shedpur). Since then, respondent No. 1 is residing in her father's house.