KUSHAL KUMAR Vs. PARVEEN KUMARI

JUDGEMENT

(1.) THIS appeal under Section 28 of the "Hindu Marriage Act, 1956 is directed against the judgment and decree passed by the learned District Judge, Una in H.M.A. Petition No. 65 of 1999 whereby he has dismissed the petition for grant of divorce filed by the appellant husband.

(2.) BRIEFLY stated the facts of the case are that the husband, Kushal Kumar, married Smt. Parveen Kumari, respondent No. 1 wife, according to Hindu rites on 5.3.1991. Out of of the wedlock two daughters, namely Alka and Priya were born. The petitioner serves in the Indo Tibet Border Police, lie was posted at Srinagar in the year 1988. Respondent No. 1 was residing in the marital home at village Rajli Banyala. Those facts are not disputed.

(3.) THE wife in her reply admitted the fact that the marriage had taken place. According to her all the three children including the male child were born from the loins of the husband. Though the wife admitted that the husband was posted at Srinagar, according to her he used to visit the house casually (?) The allegations with regard to having had sexual intercourse with some other person were denied. It would also be pertinent to mention that the alleged, paramour was impleaded as a respondent only after the evidence had been recorded and after his name was impleaded, no evidence was led. The trial court framed issues and recorded evidence of the parties.