M AKKAMMA Vs. M JAGANNADHAM

JUDGEMENT

(1.) In this appeal preferred under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) the wife is the appellant. Her husband, Midathada Jugannadham, filed an applicition under Sections 10 and 13 of the Act for dissolution of the marriage by a decree of divorce on the ground that his wife, Akkamma, has been living in adultery with Pailasuri Demudu, the second respondent in the application since October, 1958. The learned Additional Subordinate Judge allowed the application of the husband. The wife has now come up in appeal.

(2.) The events leading to the matrimonial dispute between the spouses may be shortly stated: Midathada Jagannadham married Akkamma, the daughter of his maternal uncle when she was a child of 10 years some time in 1928. Akkamma was a sickly woman and did not attain puberty. Jagannadham, married Demudamma in about 1938. It is the case Jagannadham that be married Demudamma after her marriage with her first husband was dissolved according to the custom of the community, while it is the case of Akkamma that Demudamma lived only as a concubine of Jagannadham and that the marriage with her first husband was not dissolved. Jagannadham has 5 sons and 3 daughters by his second wife Demudamma and 2 of his sons and one daughter are already married. Akkamma attained puberty at the age of 25 and lived with her husband along with Demudamma and her children. She stayed with her husband for 2 or 3 months and went away without informing him some time in October, 1958 for the parents house. According to the husband, the never returned to her husbands home subsequently. According to him she came under the evil influence of the second respondent, Pailasuri Demudu, and developed illicit intimacy with him and has been leading adulterous life. The second respondent, is the husband of her elder sister and lives as illatum son-in-law in her parents house. As a result of the adulterous life a son was born to her 3 years after she left her husbands house. Therefore, the husband filed a petition for dissolution of marriage by a decree of divorce, Akkamma resisted the application. According to her, she joined her husband even in 1935 after she attained puberty and two years thereafter, her husband developed illicit intimacy with Demudamma and brought her to his house. Since then, it is the case of the wife that her husband neglected her and ill-treated her. According to her, she bore ill-treatment with the hope that her husband would change his attitude. Finding that there was no change in the attitude of her husband, she left the house towards the end of October, 1958. However, according to her, on the advice of the elders, she rejoined her husband and resumed conjugal society and as a result she gave birth to a son in November, 1959. She denied that she has been leading an adulterous life with the second respondent. The second respondent also denied that he had any intimacy with Akkamma, the first respondent. The learned Subordinate Judge, on a consideration of the evidence adduced in the case found that Akkamma, the wife, was leading an adulterous life with the second respondent after she left the house of her husband in the month of October, 1958 and that as a result, a son was also born to her. Therefore, he granted a decree of divorce.

(3.) The first question that arises in this appeal is whether the first respondent-wife was living in adultery with the second respondent.