SOHAN LALL Vs. DHARAMPATI

JUDGEMENT

(1.) This appeal is directed against an order of the learned Senior Subordinate Judge, Mahasu. whereby he dismissed a petition of the appellant, under Section 13 of the Hindu Marriage Act, seeking divorce from the respondent, his wife, on the ground that the respondent was living in adultery. The petition, which was filed on the 24th November, 1964, was based on the following allegations:-

(2.) The appellant and the respondent were married on the 5th August, 1960. They had lived as husband and wife till May, 1963. The appellant was employed at Simla. The respondent used to live with his parents. In May, 1963, the respondent had left the house of the parents of the appellant against their wishes and had gone to live with her own parents. Though, the appellant and the respondent had never visited each other or cohabited, after May, 1963, yet the respondent was in an advanced stage of pregnancy. This fact clearly indicated that the respondent was living in adultery.

(3.) The petition was resisted by the respondent. She admitted that she was married to the appellant and was living with him but she denied that she had left the house of the parents of the appellant in May, 1963. The respondent alleged that the parties were still living as husband and wife, and that they had been meeting at the house of the parents of the parties. According to the respondent, she was invited to Simla, by the appellant, and she had stayed with him for ten days in March, 1964. The respondent alleged that a daughter had been born to her in November, 1964 and the child was the offspring of the appellant. The respondent denied that the child was begotten by some person other than the appellant or that she was living in adultery.