Court established grounds for divorce based on desertion due to the wife's long-term abandonment without just cause.

JUDGMENT Per: Justice Smt. Anuradha Shukla This first appeal has been preferred by appellant/husband for assailing the judgement delivered on 24.08.2007 in civil suit No.52A/2006 by First Additional District Judge, Shahdol, whereby divorce petition filed by appellant-husband on the grounds of desertion, cruelty and adultery was dismissed.

2. Admittedly, parties were married on 20.05.1985 while they were still minor and after 'Gauna' on 17.03.1991, respondent-wife came to reside in matrimonial house, but the parties lived together only for a short period. Date of their separation pleaded in divorce petition is 03.09.1991 and it has not been denied specifically by wife in her written statement.

Signature Not Verified Signed by: POONAM

3. Facts of the divorce petition in brief are that appellant-husband was only 15 and wife was only 12 when they got married in 1985; wife came to stay in matrimonial house on 17.03.1991 for discharging marital obligations but she refused to establish conjugal relationship with husband by making insulting remarks that husband was illiterate, un-cultured and dumb; she frequently used to visit her parental house and thus stayed in matrimonial house only for a very short period; on 03.09.1991 she left the matrimonial house and later ran away with a bengali boy and entered into an illegal marriage with him. It is further claimed that she gave birth to a daughter from this illicit relationship, who had attained the age of 10 years when divorce petition was filed. According to divorce petition, wife is living in adultery ever since September, 1991 and it was never condoned by appellant, therefore, a request is made to allow the divorce decree by dissolving the marriage solemnized between the parties and by directing that her name be removed from the service record maintained by the employer of husband.

4. Respondent-wife contested the divorce petition by claiming that her marital relations were established with appellant-husband and the daughter, whose paternity is being questioned by husband, was born out of this wedlock, but husband was never happy with her birth and for this he subjected the wife to cruelty by body shaming her on account of her color and features and used to treat her like an animal. It was though admitted by wife that she used to visit her matrimonial house, but accordingly to her, it was husband who ultimately threw her out of the house and hit her so brutally that she got a permanent scar on her cheek. It is claimed that allegation of adultery is absolutely false and respondent-wife is spending life Signature Not Verified Signed by: POONAM in her parental house with her mother and brother. According to her, appellant-husband never approached her for restoration of marital relationship nor held any panchayat for that purpose. A request has, therefore, been made to dismiss the divorce petition.

5. Trial Court framed the issues and recorded the testimony of both the sides. From the record, it is reflected that total six witnesses were examined on behalf of appellant-husband while respondent examined three, and after evaluating evidence, the trial Court dismissed the divorce petition holding that none of the grounds of divorce could be proved by appellant-husband.

6. In this first appeal, the grounds raised by appellant-husband are that impugned judgment and decree are contrary to facts and against the law; the ground of adultery was duly proved by appellant and it was also proved that on account of this illicit relationship respondent gave birth to a daughter who was born much after desertion as her date of birth is 06.04.1993. It is also pleaded in appeal memo that appellant-husband is willing to undergo DNA test for which directions can be given under a separate application marked as I.A. No.11821/2007 filed for this purpose. A request has, therefore, been made to issue direction about DNA test and allow the divorce petition.

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