MUNNI DEVI Vs. CHANDESHWAR PRASAD

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 1st of March, 2013, passed in Matrimonial Suit No. 23 of 2006, by the learned Principal Judge, Family Court, Palamau at Daltonganj, whereby the Matrimonial Suit, filed by the respondent-husband for a decree of divorce on the ground adultery and desertion, has been decreed on the ground of desertion, and the marriage between the parties was dissolved by a decree of divorce.

(3.) The facts of the case, as detailed in the impugned judgment lie in a short compass. The marriage between the parties was solemnized according to the Hindu rites and customs on 18-5-2002. The case of the plaintiff-respondent is that in the night of the marriage itself there was quarrel between the parties and there was no bidai of the bride of her matrimonial home as the appellant-wife was not allowed by her parents to go with the husband on the next date of marriage. There is complete denial of any sexual relationship between the husband and wife and it is alleged that the respondent-appellant wife was in illicit relationship with one Dinesh singh, due to which she did not accompany her husband after the marriage. The efforts were also taken to bring her to matrimonial home, but she refused to come to the matrimonial home. At her parent's place, she gave birth to a child in the month of July, 2006. The matrimonial suit was filed by the husband claiming that his wife had an adulterous relationship with Dinesh Singh, out of which, the child was born and also claiming that the wife had deserted him for a continuous period of more than two years.