DAYAL KUMAR ISHWAR Vs. SMT. BINA DEVI ALIAS URMILA DEVI AND ANOTHER

JUDGEMENT

(1.) This is a husband's appeal from the judgment of Additional District Judge, 7th Court, Dhanbad, dismissing his petition for dissolution of his marriage with his wife Smt. Bina Devi @ Smt. Urmila Devi, under Sec. 13 of the Hindu Marriage Act. There is no controversy that the parties were married to each other on 5 2.1972 at village Jagdishpur within Tajpur Police Station, in the district of Samastipur. A decree for dissolution of the marriage was sought for on the grounds (a) that opposite party No. 1 Smt. Bina Devi (wife) has been living in adultery with opposite party No. 2 Sharan Kumar Ishwar, the younger brother of the appellant (b) that opposite party No. 1 has deserted him since 1979 and (c) that she treated the appellant husband with cruelty.

(2.) The case of the appellant is that after he obtained the Diploma in Mechanical Engineering from Polytechnic, Purnea, he got an employment in a private firm M/s. Techmecho in Bokaro Steel City and thereafter, in July, 1979 he was absorbed in Bokaro Steel Plant. The gauna (second marriage) of the appellant was performed on 14.12.1978 and thereafter, his wife respondent -opposite party No. 1 along with his younger brother respondent -opposite party No. 2 came to live with him at Bokaro and they stayed there till 12.3.1979. It is further alleged that while at Bokaro, she picked up intimacy with his younger brother, but in the initial stage he did not attach much significance to ft as he was under an impression that there existed sweet relationship of Dewar (husband's brother) and Bhabhi. In due course, the appellant noticed that his wife grown cold to him and at the same time developed warm feelings towards her Dewar i.e. respondent opposite party No. 2. His wife insisted on him that she would go to village Gudhma, in the district of Samastipur, the parental place of the appellant, to look after her old father in -law and the family property. The appellant actually wanted to send his younger brother, respondent -opposite party No. 2 to his native place but on 12.3.1979 without his consent, of her own accord, she left Bokaro with opposite party No. 2 and thereafter, she never came back to the appellant's place.

(3.) Further, it is alleged that at Gudhama opposite party No. 1 and his younger brother became reckless and was having adulterous connection with the later, which even did not escape notice of his father. The appellant tried to mend the ways of his wife, but could not succeed in his attempt. His wife was very cruel and harsh to him. The appellant waited for a long time with the hope that his wife and opposite party No. 2 would mend their ways, at least, for fear of the society, but all in vain. When the appellant was convinced that his wife and younger brother (Opposite party Nos. 1 and 2) were quite incorrigible and there was no possibility of any reconciliation with her, he brought the present suit.