LALLAN MISIR Vs. SMT. LALITA KUNWAR

JUDGEMENT

(1.) This is Plaintiff's second appeal. Plaintiff Lallan Misir filed a suit Under Ss. 12 and 13 of the Hindu Marriage Act 1955 in the court of Civil Judge, Basti for dissolution of his marriage with the Respondent Smt. Lalita Kunwar. He sought divorce on a number of grounds. But when the matter reached before the appellate court he pressed his case only on the ground that Respondent was living in adultery.

(2.) Plaintiff's case was that he was married to Smt. Lalita Kunwar on 13 -6 -1956 and the Gawana ceremony took place on 23rd April 1959. Smt. Lalita Kunwar gave birth to a daughter on 5 -9 -1959 i.e., in about five months' time after the Gawana. Since the Plaintiff has had no access to his wife, it was clear that the daughter born to Lalita Kunwar was as a result of adulterous relations which Lalita Kunwar had with some one else and that she was living in adultery.

(3.) The suit was contested on behalf of Lalita Kumar and it was alleged that her 'Donga' ceremony had taken place on 12 -12 -1958 after which she lived with Lallan Misir. The child born to her on 5 -9 -1959 was fathered by Plaintiff himself. It was denied that the Defendant either committed adultery or was living in adultery with some one else.