KARTHIKEYAN Vs. SAROJINI

JUDGEMENT

(1.) This appeal u/S. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') is against the order of the Court below in H.M.O.P. No. 82 of 1987 dated 14-8-1989. The proceedings before the Court below arose on a petition under S. 13(1) of the Act. The petitioner-husband in the above petition is the appellant before us. The respondent herein is the wife, the respondent before the Court below.

(2.) The case of the appellant was that after the solemnization of marriage the respondent had treated the appellant with cruelty and had illicit voluntary sexual intercourse with another person. The respondent denied these allegations in the counter-statement. The Court below examined the appellant as P.W. 1 and two other witnesses were also examined on his side. The respondent was examined as RW-1. Ultimately after the enquiry the above petition was dismissed on the ground that the appellant could not establish the allegations set out in the petition. It is against the said order of the court below the present appeal has been filed.

(3.) We have heard counsel on both sides and evaluated the evidence available in the case. The adultery and cruelty are not grounds which can easily be inferred from certain averments. For establishing them there shall be cogent materials constituting legal proof. The appreciation of evidence by the Court below in so far as the grounds for divorce cannot be said to be perverse or misdirected. On an anxious consideration, this Court finds it arduous to disagree with the findings of the Court below. The appeal is, therefore, liable to be dismissed.