WIFE Vs. HUSBAND

JUDGEMENT

(1.) :- The respondent (wife) in an application for divorce under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) is the appellant. The lower court has allowed divorce under section 13(l)(i) of the Act after entering a finding that after the solemnization of the marriage the appellant herein had voluntary sexual intercourse with some person other that the respondent herein.

(2.) The respondent married the appellant in March, 1969. As per the averment in the petition, three children were born to them out of this wedlock. The respondent underwent Vasectomy operation on 8-1-1976. Thereafter the appellant and respondent lived together. On 30-8-1978 the appellant gave birth to another child. The allegation is that the appellant was having illicit connection with others and she became pregnant out of it and therefore she had committed adultery. Divorce was played for on that ground.

(3.) In the counter filed by the appellant she denied the allegations of adultery. Her contention was that the child born on 30-8-1978 was be gotton through the respondent and none else.