SHIV KUMAR SHARMA, J. - (1.) Whether acquittal of husband in a criminal case instituted by wife provides a ground to seek divorce?
(2.) This question that requires consideration in the instant appeal arises in the circumstances set out below :- (i) The appellant husband and respondent wife, both are bank employees posted at different places. Their marriage was solemnized according to Hindu rites on June 24, 1988 and from their wedlock two children were born. (ii) The appellant husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent wife in the Family Court No. 2, Jaipur seeking divorce on the ground of cruelty and desertion. (iii) The respondent wife filed reply and denied the allegations of desertion and cruelty made by the appellant husband. She stated that the appellant husband used to malign her character. He used to harass her and ask her to bring dowry. (iv) On the basis of pleadings of the parties learned Family Court framed as many as five issues. The appellant husband examined himself and produce seven witnesses. Whereas the respondent wife gave her statement and examined three witnesses. Thereafter on hearing final submissions learned Family Court held that since appellant husband failed to prove the allegation of cruelty and desertion he was not entitled to decree of divorce.
(3.) Learned counsel for the appellant husband urged that the respondent wife after delivery of first child did not come back to him. Similarly on second delivery at Jaipur on March 17, 1992 she strangely went to her parental house and did not return till August, 1995. Not only this she filed FIR against the appellant husband and his family members under Sections 498A and 406 IPC and put all of them under mental stress. Since July 5, 1992 the respondent wife was living separately from the appellant husband and deserted him. Reliance is placed on a decision of this Court in Narendra Kumar Gupta v. Smt. Indu (DB) Civil Misc Appeal No. 186/1990) decided on July 17, 2001. reported in AIR 2002 Raj 169. wherein filing of frivolous complaint under Sections 498-A and 406 IPC was treated as cruelty by the wife towards husband. It is further contended that since the parties are living separately for the last 15 years the decree for divorce may be granted on the ground of irretrievable break down of marriage.;