Lalsa Yadav vs Ashok Kumar
2022 Latest Caselaw 22225 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 927 of 2022
 

 
Appellant :- Lalsa Yadav
 
Respondent :- Ashok Kumar
 
Counsel for Appellant :- Daya Ram Singh Chauhan
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard learned counsel for the defendant-appellant.

This appeal has been filed praying to set aside the judgment dated 2.11.2022 and decree dated 9.11.2022 in Divorce Suit No. 248 of 2016 (Ashok Kumar Vs. Lalsa Yadav) under Section 13(1)(ia) of the Hindu Marriage Act, 1955 passed by the Principal Judge, Family Court, Mau whereby the divorce petition filed by the plaintiff-respondent/husband has been decreed.

We have perused the impugned judgment and we find that the defendant-appellant/wife and the plaintiff-respondent/husband were married with each other on 27.4.1995 as per the Hindu Rites and Rituals. A son 'Anurag' was born on 15.5.2000 and second son 'Anupam was born on 12.7.2004 from their wedlock. After the year 2008 some dispute arose between the defendant-appellant/wife and the plaintiff-respondent/husband on account of alleged extra marital relationship of the defendant-appellant/wife. Consequently, the plaintiff-respondent/ husband filed Divorce Suit No. 248 of 2016. In paragraph 14 of the impugned judgment, it is mentioned that the defendant-appellant/wife i.e. D.W-1 has herself admitted in her cross-examination that she has told to the police about her voluntarily sexual relationship with Charan, Uma and Sawru. Her own son, who appeared in the witness box as P.W-2, has also stated that her mother has illicit relationship with the aforesaid three persons. On the basis of aforesaid oral evidences and other evidences as mentioned in paragraphs 13 & 14 of the impugned judgment, the court below came to the conclusion that the defendant-appellant/wife committed cruelty. The findings recorded in paragraphs 14, 16 & 17 with reference to evidences of P.W-2 and D.W-1 etc, have not been even attacked in the grounds of appeal. The defendant-appellant/wife has not even challenged the findings of fact recorded in paragraphs 13, 14 & 16 of the impugned judgment to be perverse. The only ground taken in this regard is ground no. 19 in which it has been merely said that "there is no evidence to prove the allegation of illicit relationship except made upon the suspicion and the entire allegations made in the suit has been denied by the wife". This ground is totally baseless inasmuch as the defendant-appellant/wife has not denied the finding recorded in paragraph 14 of the impugned judgment on the basis of her own evidence in cross-examination and the evidence of P.W-2 (her own major son) was also cross-examined by her.

For all the reasons aforestated, we find that the court below has not committed any error of law to decree the suit for divorce i.e. Case No. 248 of 2016.

The appeal is totally meritless and frivolous and is, therefore, dismissed.

Order Date :- 21.12.2022

M. Tarik