- (1.) The present appeal under Section 28 of the Hindu Marriage Act, 1955 is filed by the Husband - Vishnu Prasad against the judgment and decree dated 7/1/2006,whereby, the learned District Judge, Pratapgarh dismissed the divorce application filed against the respondent wife, Smt. Durga Bai under Section 13 of the Act while deciding civil misc. case no. 109/2001.
(2.) The marriage in question between the parties took place on 19/4/1988 and both the parties lived together till the year 1993 and out of the said wedlock, a girl child, Poornima, was born. The divorce application was filed by the husband inter alia on the ground of cruelty and desertion by the respondent wife. Both the parties led evidence before the learned District Judge and the court below has found that no grounds of curelty and desertion have been established by the appellant husband and on the contrary, it appears from the statements of respondent wife Ex.A/8 in connection with proceedings under Section 498A IPC that the appellant husband had entered into a 'nata' marriage with another lady named Maya on 24/3/2000 but since he was in Government service as a Teacher, he concealed this fact of second marriage and created such a situation for respondent wife that she could not live with him and consequently desertion was not proved by the appellant husband. The learned court below also held that merely filing of complaint under Section 498 A IPC by the respondent wife could not amount to cruelty committed by her on the appellant husband and thus, divorce application was dismissed.
(3.) During the pendency of present appeal, this Court also made efforts for reconciliation between the parties and proceedings in this regard recorded on 13/1/2012 are reproduced hereunder for ready reference:- "S.B.CIVIL MISC. APPEAL NO. 242/2006 (Vishnu Prasad vs. Smt. Durga Bai) DATE OF ORDER : 13/1/2012 HON'BLE DR.JUSTICE VINEET KOTHARI Mr. Ramesh Purohit, for the appellant. Mr. Vipul Singhvi for Mr.V.N.Kalla, for the respondent. Mr. Vishnu Prasad appellant husband present in person Smt. Durga Bai respondent -wife present in person. Miss Poornima Sharma daughter present in person. With some counselling, it appears that the daughter Miss Poornima Sharma aged 19 years by now can resolve the acrimony between the parties in the present matrimonial dispute and since appellant father has expressed that he is ready to keep his daughter with him for the time being, it is directed that daughter Miss Poornima Sharma will be free to stay with her father appellant Vishnu Prasad, who is working as Teacher in Government School at Karunda Tehsil Chhoti Sadri Distt. Chittorgarh. The daughter Miss Poornima has also assured the Court that she would live in the parental home with her father with the family of other brothers of appellant and would try to bring together her mother and father. Respondent-mother, Smt. Durga Bai has also expressed her desire to join back the matrimonial home, however, for which the appellant husband is having some reservations for the present. To give some healing time to the parties, it is considered expedient that final hearing of the present appeal is postponed for a period of three months. In the meanwhile, daughter Miss Poornima Sharma will be free to reside with her father Vishnu Sharma, who has assured this court that he would extend full support to his daughter for residing with him peacefully. The respondent wife Smt. Durga Bai would be free to go to the matrimonial home at least twice in a month with a stretch of one day at a time and to meet her daughter, as she suggested that she was doing so for the past period also, ever since the couple has started living separately. The respondent wife has also apologized for the past criminal complaints filed against the appellant husband under Sections 498-A & 406 IPC and she has further given solemn undertaking before this Court that she would not file any other complaint against her husband at any forum. With the aforesaid observations, the final hearing of appeal is postponed and the matter is now posted in the month of April, 2012 on 11 th April, 2012. If there is any grievance between the parties arising during this period, they will be free to move appropriate application before this Court. Put up on 11/4/2012. (DR.VINEET KOTHARI),J.";