P. GOPINATHAN Vs. T.K. 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.) IN exercise of the powers under Sections 14 and 21 of the Hindu Marriage Act this court has framed the 'Rules to Regulate Proceedings under the Hindu Marriage Act'. Rule 7 which deals with the 'contents of Petition', provides that in addition to the particulars required to be given under Order VII, Rule (1) of the Code of Civil Procedure and Section 20(1) of the Act, every petition for divorce shall contain the particulars mentioned thereunder. Particular reference to Sub -rule 4 is relevant here. It reads : - -