MAJOR SAPRU MATHEWS Vs. SHANTA MATHEWS AND ANOTHER

JUDGEMENT

(1.) The petitioner (husband) filed a petition for dissolution of marriage under Section 10 of the Indian Divorce Act, 1869, on the ground that his wife, respondent No. 1, has, since the solemnization thereof, been guilty of adultery.

(2.) The petition was entrusted to the Court of Ms. Sharda Aggarwal, Additional District Judge, Delhi. The notice of the petition was served upon the wife and the co-respondent, through registered post and both of them failed to appear in spite of service. They were proceeded ex parte. The petitioner appeared as his own witness in support of the allegation made in his petition. Respondent No. 1, the wife of the petitioner, left the matrimonial home in August 1980. It is deposed that he came to know that she had a live affair with respondent No. 2 and that both of them used to live in adultery as they started living together in Calicut since 1982. The petitioner has placed on record a certificate dated 8th April, 1986, Ex. P-2, certifying that Smt. Shantha Mathew wife of Mr. Paul Mathew was admitted in P.V.S. Hospital (P) Ltd. for safe confinement and had delivered a female baby on the 7th March 1984 at 9.30 p.m. It is thus clear that she started living with respondent No. 2 in adultery and a daughter was born to respondent Nos. 1 and 2.

(3.) The learned Addl. District Judge appreciated the oral and documentary evidence on the record and came to the conclusion that respondent No. 1 has been living in adultery with respondent No. 2 since 1980 and the said act has not been condoned by the petitioner. She has also come to the conclusion that the petitioner has not filed the petition in connivance with anyone of them.