MILAGRINHA GONSALVES Vs. PEDRE A GONSALVES

JUDGEMENT

(1.) Special leave granted. Heard both the sides. On going through the judgment of the trial court and the judgment of the High court and the relevant records, we are satisfied that the trial court was right and the High court was wrong in recording the finding in regard to the question as to whether the appellant was guilty of adultery. In our opinion the evidence on record does not justify the finding that appellant was guilty of adultery. The high court has failed to realize that in any case insofar as the two children one, a seven year old daughter and another a five year old daughter were concerned, there was no ground at all for refusing maintenance to them. The appeal is therefore allowed. The order passed by the High court is set aside, and the order passed by the trial court is restored. There will be no order regarding costs.