GOPINATHAN Vs. SUSEELA

JUDGEMENT

(1.) The applicant in O.P. 82/82 in the court of the Subordinate Judge, Palghat, for dissolution of marriage on the ground that the wife, the first respondent after the solemnisation of the marriage had voluntary sexual intercourse with the second respondent, is the appellant.

(2.) The court below by the order under challenge has found that there is no convincing and satisfactory evidence to show that the first respondent has had voluntary sexual intercourse with the second respondent and as a consequence thereof dismissed the petition.

(3.) The appellant is working as a Pharmacist in the service of the Kerala Government. The case of the appellant is that since the first respondent has had voluntary sexual intercourse with the second respondent, it has become impossible for him to continue the marital relationship. The appellant thereupon filed the petition under S.13(1)(i) and 13(1)(i)(ia) of The Hindu Marriage Act for a dissolution of the marriage by a decree of divorce. The petition is opposed mainly on the ground that the pleadings of the appellant petitioner do not disclose any ground for granting the relief.