HARI SHANKAR PRASAD, J. - (1.) THIS appeal, at the instance of the appellant, is directed against the judgment and decree dated 11.3.1992 and 24.3.1992 respectively passed in Matrimonial (Title) Suit No. 34/ 1988, whereby and whereunder the Third Additional District Judge, Hazaribagh dismissed the suit.
(2.) FACTS of this case lie in narrow compass. The appellant, who is husband of respondent Anjani Devi, filed a matrimonial suit for a decree of divorce on the ground of adultery, cruelty and desertion in accordance with the provisions of Section 13 of the Hindu Marriage Act (hereinafter referred to as the "Act"). The appellant was married to the respondent in May, 1978 and after the solemnization of marriage the respondent -wife went to her matrimonial house and lived there peacefully for some, months and after some months, it is alleged, she left her matrimonial house without permission or consent of her husband in 1979 and in, spite of repeated requests she did not come back to her matrimonial house and on the other hand, she instituted a case under Sec.125 of the Code of Criminal Procedure (hereinafter referred to as the "Code") against the appellant but the case was dismissed on 11.12.1984 on the basis of a compromise between both the them. The respondent again went to her matrimonial house but soon thereafter she started creating trouble to her husband and she ultimately left her husband 'shouse in May, 1985 and it is alleged that since then she had been living with her parents, as a result of which appellant was debarred of cohabitation with her causing him mental agony and torture. The torture of respondent on appellant went on increasing and she again filed a case bearing No. 66 of 1988 under Section 125 of the Code against the appellant. It is further alleged that in the year 1988 appellant came to know that she has given birth of a child, although there was no sexual relationship with her since 1985 and on this ground appellant asserted that the respondent was leading an adulterous life and the child was born from any of her paramour and in such a circumstance it is difficult for him to carry on social life with her. The respondent appeared in the suit and filed written statement refuting all allegations and assenting that soon after solemnization of the marriage she went to her sasural where her husband as well as her sasural people pressurized her and tortured her for bringing a sum of Rs. 5000.00 from her parents but she was unable to bring the amount, as condition of her father " was bad and so the respondent was driven out from her matrimonial house and as such she was compelled to take shelter in her parents home. Being compelled by circumstances, she filed a Misc. Case No. 46/84 under Sec.125 of the Code for payment of maintenance but, since there was a compromise, the case was dropped and appellant took respondent to his house. The appellant again started torturing her for the same and being compelled by circumstances, in the year 1988 she instituted a case being Hazaribagh Sadar PS Case No. 387/1988 under Sections 498 -A, 494, 380 and 323, Indian Penal Code but this time also the appellant gave a bluff to the respondent and promised to keep her and entered into a compromise. In the year 1990 she, was again driven out at a true when she was carrying a pregnancy but she denied that she was leading an adulterous life and claimed that the application filed by the appellant for divorce is fit to be dismissed.
(3.) ON the basis of pleadings of the parties, the learned Court below framed four issues for determination in the suit, which are as follows : - - (i) Was the suit as framed maintainable? (ii) Had the plaintiff valid cause of action for the suit. (iii) Whether the petitioner was entitled to a decree of divorce? Bulaki Ram Versus Jatru Mahali (iv) To what relief or reliefs if any, was the plaintiff entitled? ;