(1.) This appeal, preferred under Section 96 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 1-10-1991, passed by then learned District Judge, Pauri Garhwal, whereby Original Suit No. 51 of 1990, instituted by plaintiff Vij ay Singh Negi for divorce against his wife Rashmi Negi, is decreed for divorce under Section 13 of Hindu Marriage Act, 1955. (In the year 1990 there was no Family Court in Pauri Garhwal).
(2.) I heard learned counsel for the parties and perused the record.
(3.) Brief facts of the case are that plaintiff /respondent Vijay Singh Negi got married to defendant No, 1 Rashmi Negi in October 1972 according to Hindu rites, Out of the wedlock, two sons and one daughter were born to them, Husband and wife, both were in service. Plaintiff Vijay Singh Negi was posted at Paukhal in Guru Ram Rai Inter College, as a teacher, and defendant Rashmi Negi wag serving with Kanya Adharik Vidyalaya, Kotdwar, Out of the three children, elder son and daughter were living with their mother (in village Manpur) and younger son was living with plaintiff at Paukhal, In the year 1980, defendant No, 1 fell ill and was under treatment of one Dr. Kar. Defendant No, 2 Kishori Lal who was Compounder to said doctor, used to inject shots, prescribed by the doctor. After sometime, he started going to the house of defendant No. 1 Rashmi Negi to inject the shots. It is alleged by the plaintiff/husband that illicit relations developed between the two i.e. Rashmi Negi and Kishori Lal and Rashmi Negi started living in adultery with Kishori Lal. The divorce petition was filed on the ground of adultery.