Court:RAJASTHAN HIGH COURT
Bench: JUSTICE Vineet Kothari
SHEELU Vs. AMAR SINGH & ANR. On 27 January 2016
Cruelty — Desertion — Adultery — Grounds well established by Husband — Divorce decree sustained. Not fit case of making efforts through mediation for restoration of matrimonial home.
1. The present appeal has been filed by the appellant wife Smt. Sheelu d/o Shri Chattar Singh in the present matrimonial dispute, who married to the respondent No. 1-Amar Singh in the year 1979. The divorce decree has been granted under Section 13 of the Hindu Marriage Act, 1955 to the respondent No. 1-Amar Singh, on the ground of cruelty, dessertion and adultery of the appellant-wife Smt. Sheelu. The allegations and averments of the respondent No. 1-husband Amar Singh in the plaint under Section 13 of the Act of 1955 are that she was in illicit relationship with the respondent No. 2-Bhikh Singh.
2. The findings of the learned Additional District Judge Raisinghnagar, District Sriganganagar in the order dated 18.8.2007 in divorce petition No. 14/2005 – Amar Singh v. Smt. Sheelu & Anr., are quoted below for ready reference:
“(Hindi matter omitted)”
3. Learned Counsel for the appellant-wife Mr. Moti Singh submitted that the findings of the learned Court below on issue No. 3 about adultery are not sustainable because the birth of the son to the appellant-wife Smt. Sheelu on 23.9.1986 was after about seven months and 29 days from the date when the appellant-wife had left the matrimonial home last on 26.1.1986, and therefore, merely on that basis, the ground of adultery could not be held to be proved, as has been held by the learned Court below. However, he submitted that the parties are living separately since 1986 and there were no proceedings initiated by either of the parties under Section 9 of the Act of 1955 seeking restitution of conjugal rights in the present case.
4. On the other hand, Dr. Shailendra Kala, learned Counsel for the respondent No. 1-husband submitted that the divorce decree given in favour of the respondent No. 1-husband Amar Singh on the grounds of cruelty, desertion and adultery and from the evidence available on record, these grounds were well established by the respondent No. 1-husband-Amar Singh and the divorce decree deserves to be sustained on all these grounds. He has also brought to the notice of the Court an order passed by the learned Family Court, Bikaner passed on 9.5.2013 in Misc. Criminal No. 1451/2012, Smt. Sheelu & Anr. v. Amar Singh, whereby the claim of the appellant-wife, Smt. Sheelu for maintenance from the respondent No. 1-husband Amar Singh was also denied by the learned Family Court, Bikaner on account of her live-in relationship with the respondent No. 2-Bhikh Singh.
5. The relevant extract of the order dated 9.5.2013 of the learned Family Court, Bikaner is also quoted below for ready reference:
“(Hindi matter omitted)”
6. The copy of the aforesaid judgment dated 9.5.2013 is taken on record.
7. Having heard the learned Counsel for the parties and upon perusal of the evidence available on record, this Court is satisfied that the divorce decree given by the learned Court below deserves to be sustained, and there is no contra evidence available before this Court to take a different view of the matter and restore the matrimony between these two parties, who are admittedly living separately since a long period since 1986 and almost 30 years have passed by since then. The parties, who are now in the age group of old age, namely, respondent- husband aged 60 years and the appellant-wife aged about 52 years.
8. In view of the nature of allegations and the evidence brought on record, this Court does not find it a fit case of even making efforts through mediation for restoration of matrimonial home in the present case, even if the findings on issue No. 3 recorded by the learned Court below is treated as watered down on the basis of the submissions made by Mr. Moti Singh, learned Counsel for the appellant-wife, and the divorce decree deserves to be upheld, in the facts and circumstances of the case.
9. Accordingly, the present appeal of the appellant- wife is dismissed and the impugned decree of divorce granted by the learned Court below is upheld. No costs. Copy of this order may be sent to the concerned parties as well as the learned Courts below forthwith.
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