Vineet Kothari, J. - (1.) The present appeal has been filed by the appellant-wife-Smt.Sheelu d/o Shri Chattar Singh in the present matrimonial dispute, who married to the respondent No.1-Amar Singh in the year 1979. The divorce decree has been granted under Section 13 of the Hindu Marriage Act, 1955 to the respondent No.1-Amar Singh, on the ground of cruelty, dessertion and adultery of the appellant-wife-Smt.Sheelu. The allegations and averments of the respondent No.1-husbandAmar Singh in the plaint under Section 13 of the Act of 1955 are that she was in illicit relationship with the respondent No.2-Bhikh Singh.
(2.) The findings of the learned Additional District Judge, Raisinghnagar, District Sriganganagar in the order dated 18.08.2007 in divorce petition No.14/2005, Amar Singh v. Smt.Sheelu Anr. , are quoted below for ready reference:- ...[VERNACULAR TEXT OMITTED]...
(3.) Learned counsel for the appellant-wife, Mr. Moti Singh submitted that the findings of the learned court below on issue No.3 about adultery are not sustainable because the birth of the son to the appellant-wife-Smt.Sheelu on 23.09.1986 was after about seven months and 29 days from the date when the appellant-wife had left the matrimonial home last on 26.01.1986, and therefore, merely on that basis, the ground of adultery could not be held to be proved, as has been held by the learned court below. However, he submitted that the parties are living separately since 1986 and there were no proceedings initiated by either of the parties under Section 9 of the Act of 1955 seeking restitution of conjugal rights in the present case.;