SMT. VIDYAWATI DEVI Vs. DHANANJAY KUMAR PANDEY

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) The appellant is aggrieved by the Judgment and Decree dated 11th July, 2016, passed by learned Principal Judge, Family Court, Jamshedpur, whereby the Matrimonial Suit, filed by the respondent husband for dissolution of marriage by a decree of divorce under Sec. 13(1)(i-a) of the Hindu Marriage Act (herein after referred to as the 'Act'), has been decreed by the Court below.

(3.) While going through the Judgment under appeal and the pleadings of the parties, we find that the petition was filed only under Sec. 13(1) (i-a) of the Act, by the respondent husband for divorce on the ground of cruelty. There was no allegation against the appellant wife of living in adultery, nor the petition was filed under Sec. 13(1)(i) of the Act. It was only alleged in the petition that respondent remained non-cooperative in begetting issue through the petitioner and she refused to have issue through the petitioner. She expressed her desire to the petitioner that she would get issue through others or have tube baby. It is stated in the petition that the respondent had been non-cooperative in having physical relationship with the petitioner and this behaviour amounted to cruelty being caused to the petitioner by the respondent. This allegation was denied in the written statement filed on behalf of the respondent and it was also stated that since she did not get any issue for about more than two years, the petitioner, on advise of the respondent, went for treatment to one Dr. Chawala of Jamshedpur, and both of them were treated by the doctor, who found the respondent fit for giving birth to a child, but the petitioner was not found fit for begetting any issue and so the petitioner was medically treated by the doctor. It is also stated that at one point of time the respondent conceived, but after two months there was an abortion of pregnancy.