E SUGANDHI Vs. PARAMESWARAN

JUDGEMENT

(1.) These two appeals arise out of a matrimonial issue between the appellant and the respondent. The appellant in the above cases was the wife who got married with the respondent on 30.6.1966. They got separated as early as on 26.2.1973 which is evident from an agreement executed between the couple while they agreed to divorce themselves. It appears from the documents that on the same day Ext.A2 was executed between the appellant/wife and brother of the respondent Mr.Narendran by which they agreed to live as husband and wife.

(2.) The allegation raised by the respondent/husband was that while he was employed at Delhi, his wife was residing at the family house and maintained a relationship with his brother Narendran. After he found out the said relationship, he settled the matter by permitting Narendran to marry his wife. It is pursuant to the said arrangement that Exts.A1 and A2 agreements came to be executed.

(3.) However, later the respondent/husband was informed that a legal divorce is required and therefore he filed O.P.138/2008 for divorce on the ground of desertion as well as adultery. At the relevant time adulterer was no more and hence he was not impleaded.