KRISHNAMMA Vs. MOGILIREDDY GOWDU

JUDGEMENT

(1.) In this appeal by the wife of the 1st respondent,the two questions that arise for consideration are (I) Whether the evidence on record justifies the finding recorded by the learned Subordinate Judge that the appellant is living In adultery, and (2) whether it Is necessary for the respondent to establish that appellant was living in adultery even on the date of the presentation of the petition ? At the conclusion of the hearing of the arguments, a further question was raised which also falls for determination and that is; In the event of the court coming to the conclusion that the appellant is not proved to have been ''living In adultery" but Is proved to have committed an act of adultery, whether the court can grant relief of judicial separation ? This appeal arises out of a decree for divorce passed by the learned Subordinate judge, Chittoor.

(2.) The facts giving rise to this petition for divorce, out of which the present appeal arises, may be briefly stated.

(3.) The 1st respondent and the appellant herein were married 3 years prior to the presentation of the petition, i.e.. some-where in 1967. For one year, they had a happy married life. It is alleged that, thereafter, the appellant developed illicit Intimacy with one Varada- rajulu Gowdu, 2nd respondent herein, a resident of the same village living in the house opposite to that of the 1st respondant. One day, about one year 3 months prior to the presentation of the petition, at about 10 a.m. the appellant's mother-in-law saw the appellant actually cohabiting with the 2nd respondent in the field of one Venkatadri Gowdu. The appellant was chastised and her maternal uncle was summoned from his village and told about her misbehaviour and she was sent away from the house. Eversince, she has been living in the maternal uncle's house in a different village, away from her husband.