- (1.) The parties were married on 7-6-1971. First male child was born on 15-12-1978. On 5-12-1983, the husband filed petition for divorce on the grounds of cruelty and desertion by the wife on 15-11-1981. It was also pleaded that the wife had voluntarily sexual inter-course with a person other than the husband and as a result gave birth to second male child on 13-8-1983 and divorce was also sought on the ground of this adultereous act.
(2.) The wife contested the petition and pleaded that right from the beginning she was disliked by her husband as she was not good looking and he maltreated her and wanted to remarry. According to her plea, in a pregnant condition she went to her parents house in March, 1983 and gave birth to a male child on 13-8-1983 which was from the loins of her husband and she categorically denied if she got pregnant from a person other than her husband. 1. Whether the respondent has treated the petitioner with cruelty as alleged ? OPP. 2. Whether respondent has deserted the petitioner for a continuous period of more than 2 years immediately preceding the filing of the petition ? OPA. 3. Whether the respondent has voluntarily a sexual intercourse with another person than the petitioner and as a result she got a male child on 13-8-83 as alleged ? If so, its effect ? OPA. 4. Whether the petitioner is entitled to a decree of divorce ? OPP.
(3.) On the evidence led in the case, the trial Court by judgment and decree dated 22-12-1984 granted a decree of divorce, after recording finding on issue No. 1 that the husband failed to prove cruelty; on issue No. 2 that the husband failed to prove desertion for more than two years because the evidence led by him about the date of desertion was indefinite and vague but found issue No. 3 against the wife on the basis of her statement and the unchallenged statement on oath of the husband to the effect that the wife had given birth to a male child on 13-8-1983 at her parents' house, This is wife's appeal.;