- (1.) THIS is a wife's application under Section 17, Divorce Act, for the confirmation of the decree of the learned District Judge of Agra dissolving the petitioner's marriage with the respondent on the grounds of her husband's adultery, cruelty and desertion. The learned District Judge was satisfied that each of these charges had been satisfactorily proved, taut we are unable to take that view. In our opinion, the evidence is wholly insufficient to establish any one of these allegations. The averment in the petition with regard to adultery is that the respondent had an illicit connection with a woman, Shrimati Ram Piari, in the year 1952 and the only evidence in support of this allegation is the statement of the petitioner that "my husband continued to carry on his connections with Shrimati Ram Piari. Her husband kicked up a row. "
(2.) THE parties were married in the year 1946. It is stated in the petition that from this time onwards, that is for a period extending for a number of years, the respondent repeatedly assaulted the petitioner by beating her. On this allegation there is no evidence other than that of the petitioner herself, and that evidence goes no further than saying that she was beaten on unspecified occasions.
(3.) THE first respondent is said to have deserted the petitioner in the year 1949 when he left tundla for Delhi. It is, however, in evidence that he returned to Tundla in July, 1950, and again for a short time in 1952. The petitioner swears that since the year 1949 the respondent has failed to provide her with any maintenance, but that fact by itself is not enough to prove desertion.;