DEVANTI DEVI Vs. RUPAN TANTY

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7. 2. 2003 passed by the Principal Judge, Family Court, Dhanbad in Title Matrimonial Suit no. 22 of 2001, whereby the suit filed by the plaintiff-appellant for a decree of judicial separation under Section 10 of the Hindu Marriage act has been dismissed on contest.

(2.) THE plaintiff-appellant, who is the wife, filed the aforementioned suit for a decree of judicial separation on the ground, inter alia, that about 22 years back she was married with respondent No. 1 and were blessed with two female children and both the appellant and respondent No. 1 live together at their matrimonial home. About seven years back, the respondent No, 1 married with another lady, the respondent No. 2 and the latter started living with her children. The plaintiffs further case was that the matrimonial house became a curse for her because of starting of series of quarrel, assault and torture and finally she was ousted from the matrimonial house.

(3.) THE suit was contested by the defendant-respondent by filing written statement. The case of the respondent-husband was that the plaintiff lives with him alongwith female children and the allegation of marrying respondent No. 2 and/or keeping her as concubine is false and baseless.