SOMASEKHARAN NAIR Vs. THANKAMMA

JUDGEMENT

(1.) The husband in a matrimonial proceeding is the appellant. He filed a petition under S.13 of the Hindu Marriage Act for divorce on the grounds of adultery and cruelty. Respondent wife dented the allegations. The court below found that the appellant had not satisfactorily proved the grounds alleged in the petition and therefore the petition for divorce was dismissed. The appellant challenges this order.

(2.) Appellant is in Indian Military service. The respondent is a U.P. School teacher. The marriage between the appellant and respondent Thankamma was solemnised in 1970. Thereafter they had been residing as husband and wife at Pulpatta in Ernad Taluk. Two children were born in the wedlock. Dispute between the husband and wife arose some time in 1976. The appellant husband started suspecting the fidelity of his wife. He accused her of having illicit relationship with one Abdul Rahiman. Appellant also alleged cruelty. He would say that the respondent wife falsely stated that he had sexual connection with her sister. He also alleged that on 24.7.1978 the respondent clandestinely administered sleeping pills to him and that she also caused bodily injury to him. On these allegations the appellant moved for divorce under S.13(1)(i) and (ia) of Hindu Marriage Act. The respondent characterised the appellant as a man of desperate character and alleged that he always liked to keep company with drunkards. Respondent also alleged that he had failed to maintain the two children. The lower court came to the conclusion that the appellant has not proved beyond reasonable doubt the allegation regarding cruelty and adultery.

(3.) Shri P. K. Moosa, the learned counsel for the appellant, seriously assailed the finding of the learned Sub Judge. It is true that the court below has committed error in not noticing the latest provision of law. The