SALENE KHALKHO Vs. NIRANJAN KHALHO

JUDGEMENT

(1.) By filing this appeal under Section 19(1) of the Family Court Act, 1984, the appellant has challenged the legality and propriety of the judgment and decree of dissolution of marriage by a decree of divorce dated 10-10-2007 passed by learned Judge, Family Court, camp at Katghora, in civil suit No. 21-A/2001 whereby the marriage between the appellant and respondent No.l has been dissolved by a decree of divorce on the ground of adultery.

(2.) The decree is impugned on the ground that without any proof of adultery the court below has passed the decree of divorce and thereby committed illegality.

(3.) Brief facts necessary for disposal of this appeal are that the appellant and respondent No. 1 are married spouses, their marriage was performed on 10-12-1986 according to Christian law at Kanshabel, Distt. Jashpur and after marriage they resided together at village Deepka. The appellant and respondent No.2 were known to each other since their student life. Respondent No.2 came to village Deepka in search of job in the year 1987 on the ground that they were residents of same village. The appellant asked the respondent No. 1 that respondent No.2 will live with them in their house till the respondent No.2 getting the job and then respondent No.2 started living in the house of appellant and respondent No. 1, but after leaving the house for office by respondent No. 1, the respondent No.2 used to come back to the house and appellant and respondent No.2 used to stay in the house together. The neighbours started murmuring of their relation. In November, 1990, the respondent No. 1 went to Korba and when he came back to his house at noon along with his friend namely Silvester Tigga, the house was closed from inside and slow talking cound was coming from the house. Respondent No. 1 and Silvester Tigga tried to see what was going on inside the house. They saw from the window that the appellant and respondent No.2 were in one bed in objectionable position. When the respondent No. 1 shouted, the appellant prayed for excuse and taking the opportunity, respondent No.2 fled away from the scene of occurrence. Thereafter, appellant went to her brother-in-law's house (Jijaji) where she was residing since 1990 and persons used to visit the house of appellant and she is living in adulterous life since 1990, therefore, on the ground of adultery, the respondent No. 1 has filed the petition for dissolution of marriage by a decree of divorce under Section 10 of the Indian Divorce Act, 1869.