Gokal Chand Mital, J. - (1.) (Oral) - The parties were married on 12-3-1978 and in 1980 the wife left her husband because he was having illicit relations with Smt. Satya who was living in the adjoining portion of the same house. On 10-8-1981, she filed the present petition for divorce on the ground that her husband was living in adultery. The husband contested the petition and denied the allegations. The following issues were framed:- 1. Whether the petitioner is entitled to a decree of divorce in view of the allegations, as contained in para 4 of the petition ? 2. Relief. After evident was led, the trial Court judgment and decree dated 3-2-1982, dismissed the divorce petition after recording a finding that in case the allegation of adultery had been true, the wife would have refused to live with her husband soon after the marriage as she came to know of the adultery, according to her own statement, eight days after the marriage. This is wife's appeal.
(2.) In appeal, Ram Lal, husband, has filed an affidavit dated 18-5-1982 to the effect that his wife has levelled very serious allegations against him due to which it has become impossible for them to live together and therefore, he does not want to contest the appeal which may be allowed and the marriage be dissolved as prayed for by the appellant. In affidavit, the husband has conceded the claim of the appellant for accepting the divorce petition and for dissolving the marriage.
(3.) For the reasons recorded above, this appeal is allowed, the judgment and decree of the Court below are set aside and after accepting the petition filed by the wife for divorce, a decree of divorce by dissolution of the marriage is granted in favour of the wife, with no order as to costs. Appeal dismissed.;