PANNA CHAND JAIN,J. - (1.) THIS appeal has been filed against the judgment and decree passed by the District Judge Jodhpur in Misc. case No. 45 -A/80 on 14th Feb. 1985. which on the petition of wife Smt. Asha Devi, a decree for divorce dissolving the marriage was passed against Laxman Singh, the husband of the petitioner Asha Devi. In the judgment a direction was given by the court for prosecution of Laxman Singh for fabricating false evidence under Section 340 Cr.PC. Aggrieved by the judgment and decree dated 14th Feb. 1985 Laxman Singh has filed the appeal under Section 28 of the Hindu Marriage Act. The petitioner Asha Devi filed the petition on the ground that she was married with Laxman Singh as per the Hindu customs on 8th May 1978. It was also mentioned that from the valid wedlock a daughter was born after one year of the marriage. The daughter is minor, she is living with the petitioner Divorce was sought on the allegations of cruelty and adultery. It was alleged that the husband had illicit relations with one Badami Harijan lady. The learned District Judge believed the evidence produced by the petitioner, Asha Devi, and passed a decree of divorce dissolving the marriage.
(2.) SHRI B.R. Mehta, learned counsel for the appellant has submitted that the finding on the charge of adultery and cruelty are not correct. He submitted that for proving the charges of cruelty and adultery, evidence beyond reasonable doubt should be taken into consideration and on the basis of vague charges, finding on such counts should not be arrived at. He further submitted that there is a sole testimony of the petitioner, Asha Devi with regard to allegations about cruelty and adultery and as such her statement should not have been believed without proper corroboration. Shri R.K. Thanvi and Shri I.C. Maloo appearing for the respondents have submitted that the finding arrived at by the learned Trial court is based on evidence and as such it cannot be assailed. I have given my thoughtful consideration to the respective submissions made by the learned counsel for the parties, and perused the record. Smt Asha Devi, the petitioner, in her statement has deposed that after the marriage her husband treated her with cruelty. On number of occasions she was given beating. She was driven out of the house after serious beating. She has also stated that one Badami Harijan lady had illicit relations with her husband. As regards cruelty her testimony has not been shaken in the cross -examination. Her testimony is corroborated by Kamla P.W. 3 who is mother of the petitioner. She has deposed that Laxman Singh gave beating to her daughter. It is also on record that F.I.R. was lodged against Laxman Singh. From the statement of Asha Devi it is also disclosed that Laxman Singh had developed relationship with Badami but it is difficult to infer a charge of adultery from her statement. The relationship between Laxman Singh and Badami may be taken to be a circumstance which might have caused an apprehension of ill -treatment with the wife. Thus, these circumstances may be taken to be a corroborative factor for proving the charge of cruelty.
(3.) I am of the opinion that as far as the finding of the learned lower court regarding charges of cruelty is concerned it stands proved but charge of adultery has not been satisfactorily proved.;