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(iii) She sold wheat, rice and other grains from his field and also sold costly utensils and ornaments behind his back.
(iv) The wife threatened to kill him with the help of anti-social elements.
(v) On several occasions, the husband fell seriously ill and admitted to Prashant Clinic at Bharawpar, but the wife never came to see him.

56. The Defendant/Wife in her written statement has denied all the allegations made in the petition and vehemently pleaded that the husband is an agent in insurance business and an active member of RSS and BJP and he consequently developed intimacy with some beautiful ladies, Patna High Court MA No.5 of 2018 dt. 25-08-2023 one of them is from Rajgir. She has further pleaded that the lady from Rajgir was frequently taken by the Husband to his house and on objection raised by the Appellant/Defendant- Wife, her husband used to beat her. It is also pleaded by her that the Husband became indifferent towards her and stopped taking interest in her. However, whenever he came to her, she welcomed him and it is wrong to say that there is no cohabitation for the last ten years. She has further pleaded that she does not know the name of the lady with whom her husband has intimacy but she knows her face. She has also claimed that the divorce petition has been filed with an intent to marry the lady from Rajgir. She has further averred that she is a pardanashi lady and she does not go outside except on occasions of offering puja in temple. She has also averred that she is always ready to live with him and the fact is that the husband wants to get rid of her on account of illicit relationship with other lady. It is also averred that the husband himself shifted to other floor of the house and did not allow the wife and sons to go to the floor where he used to live and he frequently resides away from home and whenever he comes he comes late at night.

61. P.W.-4 - Vinod Kumar was examined on 15.03.2010. He has deposed in his cross examination that the Respondent/Plaintiff is a member of RSS and presently he is living in the office of the RSS.

Patna High Court MA No.5 of 2018 dt. 25-08-2023

62. The Plaintiff/Respondent has examined himself as P.W.-5. He, in his cross examination, has deposed that the wife is still living in his house along with the children. However, he does not live with them and he is residing in the RSS office. He has also deposed that for about ten years, he is not on talking terms with the wife, which means that he is not on talking terms with the wife since the year 2000 because he was examined on 26.03.2010.

Patna High Court MA No.5 of 2018 dt. 25-08-2023

67. In view of the evidence that the relation between the Husband and Wife was good prior to the year 2006, the case of Husband that since 1999 the Wife/Appellant used to quarrel with him and was not ready to cook food for him falls on the ground.

68. We further find that as per evidence of both the parties that the Appellant-Defendant-wife is still living in her matrimonial house along with her children and it is the husband, who left his house and is living in the office of RSS. We also find that the wife has never refused cohabitation, it is the husband who had stopped taking interest in her and he is not making efforts for cohabitation, because he has been living separately from her. The Appellant-Defendant-wife has all along maintained that she wants to live with her husband and she always welcomed him whenever he comes home and she has never refused cohabitation. She has also deposed that it is wrong to say that before filing the divorce petition in 2008, there was no conjugal relationship between the husband and wife. It also appears that it is the husband, who does not have any concern for his wife rather than wife is not having concern for the husband. It has also come in evidence that the mother of the Respondent/Husband lives separately from him as she Patna High Court MA No.5 of 2018 dt. 25-08-2023 lives with her second son. As such, there is no question of any misconduct by the Wife/Appellant to her.