SWAYAMPRABHA Vs. A S CHANDRASEKHAR

JUDGEMENT

(1.) This appeal by the petitioner-wife is directed against the order dated 4-11-1979 passed by or Principal Civil Judge, Bangalore City, in Matrimonial Case No. 67 of 1978 on his file granting divorce to the husband from the wife on the ground of adultery by the wife.

(2.) The petition was made by the wife Smt. Swayamprabha for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) on the ground of cruelty by her husband. The respondent who was arrayed as respondent in the petition resisted the petition. He, however, prayed that divorce might be granted on the ground that his wife was living in adultery. The learned Civil Judge permitted the husband to press the prayer for divorce under S. 23-A of the Act, giving opportunity to the other side to file counter. The following issues were raised for hearing:-

(3.) During hearing the petitioner examined herself and two others in support of her case. As against that the respondent examined himself as R. W. 2 and also examined six others in support of the case alleged by him. In addition to the oral evidence the petitioner got marked Exts. P1 to P6 and the respondent got marked Exts. D1 to D7. The trial Court appreciating the evidence on record answered issue No. 1 in the negative and in that view observed that issue No. 2 did not survive for consideration. It answered issue No. 3 in the affirmative and issue No. 4 in the negative and in that view granted divorce as prayed for by the husband on the ground of adultery by the wife. Aggrieved by the said judgment and decree, the petitioner-wife has come up before this Court with the above appeal.