IMARTA DEVI Vs. DEEP CHAND

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act, 1955 preferred by a wife whose marriage with the respondent was dissolved by a decree of divorce passed on the ground of adultery.

(2.) The marriage between the appellant and the respondent No. 1 was solemnized on 11.5.86. The parties separated, according to the respondent husband, on 14.7.90 and according to him he had no access to the appellant after that date. On 16.7.91 twins were born to the appellant. According to the respondent since he had no access to his wife since 14.7.90, the twins were obviously born out of adulterous relationship of the appellant with her sister's husband Arjun Ram respondent No. 2. The appellant and Arjun Ram refuted these charges. According to her she was driven out of her matrimonial home on 26.8.90 and it was wrong to say that the husband did not have access to her since 14.7 90. She has denied the charge of adultery. The husband had taken two other grounds, that of cruel conduct and desertion without reasonable cause, against the wife and the wife refuted these allegations also.

(3.) The learned District Judge found that the grounds of cruelty and desertion were not proved against the appellant wife, but the ground of adultery was proved. He therefore granted a decree of divorce on that ground.