SHAMSUNNESSA KHATUN W/O MIR ABDUL MANNAF Vs. MIR ABDUL MANNAF

JUDGEMENT

(1.) This appeal arises out of a suit instituted by one Shamsunnessa Khatun against her husband for dissolution of marriage. It was alleged in the plaint that the husband used to ill- treat his wife, and when she left for her paternal house, he brought successively three criminal cases Hinder Section 498, I.P.C., falsely stating in the petitions of complaint that his wife was of loose character and was enticed away by some of her relatives (accused in the case) who were committing adultery with her. It was further averred that out of these three criminal cases, two were dismissed by the Court and one was withdrawn by the husband. The defendant contested the suit and filed a written statement. He denied the allegation of ill- treatment and pleaded in paras. 3 and 4 of the written statement that the accusations in the petitions of complaint were made in good faith but in case they were found to be false he was willing to withdraw and express heart-felt regret for the same. The material portions of the written statement are reproduced below: Paragraph 3: This defendant instituted criminal oases against this plaintiff for her infidelity, honestly believing the statements of his neighbours in good faith on the basis of some facts learnt from reliable information...this defendant brought no accusation against the plaintiff knowing it to be wrong, groundless and false. If it be proved by the just decision of the Court that the defendant brought those cases against the plaintiff by making false accusation against her, this defendant withdraws all those accusations made in those written complaints against the plaintiff and this defendant retracts those accusations, expressing heart-felt regrets for them. Paragraph 4: Even if the accusations made against the plaintiff in the petitions of complaint filed by this defendant are found to be true this defendant withdraws those charges unconditionally.

(2.) Several issues were framed, issue 3 which alone is relevant for this appeal being as follows: Are the imputations of adultery false and sufficient for the dissolution of marriage as alleged in the plaint and if so whether retractions as made by the defendant are sufficient for disentitling for a decree for judicial divorce?

(3.) At the trial four witnesses were examined for the plaintiff and two for the defendant, the defendant's witness 1 was the defendant himself who stated, in the course of his deposition: ...I instituted these cases as I believed the reports of my friends and relatives. I do not believe that the plaintiff is unchaste. I withdraw the accusations unconditionally.