BHALLABHA DAS Vs. SMU SUSHILA BAI

JUDGEMENT

(1.) A doctor (the appellant) instituted a petition1 for divorce against his wife on the ground (1) that the wife was guilty of adultery, (2) that the wife was guilty of cruelty towards him, and (3) that she had deserted him.

(2.) The petition having been dismissed by the trial court and the judgment having been confirmed by learned single Judge and later on by a Division Bench of the High Court, the appellant has approached this Court by way of the present appeal, by special leave. The marriage between the parties took place in 1962. They lived together for about 9 years. From 1971 the wife has been living at her parental home. The appellant- husband instituted a petition for judicial separation in 1974. It was dismissed for default. In 1976 he instituted the petition giving rise to the present appeal. He has failed in every court so far.

(3.) The first ground for seeking divorce urged in support of the petition for divorce is that the wife is guilty of adultery. The allegation made by the appellant was that the respondent-wife was having intimate relations with Vithal, a servant employed by him. Vithal was examined as PW 6 by the husband. He categorically stated that the respondent was like his mother. On an appreciation of evidence all the courts have disbelieved the allegation. There is no good reason to disturb the said finding which is fully supported by evidence.