B RAJA RAO Vs. YESU MANU

JUDGEMENT

(1.) This is a reference under Section 17 of the Indian Divorce Act. The petition was presented by the husband under Section 10 of the said Act for dissolution of his marriage with the first respondent on the ground of her being in adultery with the second respondent. The first respondent denied the allegations of adultery and denied also that she had eloped with second respondent and had been living with him. The second respondent, the alleged adulterer was ex parte. The petitioner examined P. Ws. 2 and 3. The first respondent and the second respondent were ex parte at the trial. The learned District Judge accepted the petitioners case and granted a decree for dissolution of the marriage as prayed for subject to confirmation by this Court.

(2.) We have perused the record of the case and heard Mr. Narasimhacharya, the learned counsel for the petitioner. We find that the case of the petitioner is borne out by the evidence that he has adduced. We may briefly refer to the evidence in the case.

(3.) P. W. 1 is the petitioner. He stated that he and the first respondent were married 14 years ago and were living it Bellampally since 1948. His wife, the first respondent has been leading a debaucherous life since 1958. The second respondent Babu Rae is her paramour. He was visiting his house whenever has was away. Since April 1960, she had moved out of the house and was living with her paramour. He produced Ex. A-1 to A-31 as letters written to his wife by Babu Rae whose hand writing he knew. A persual of the letters would show that there was illicit intimacy between Babu Rao who wrote the letters and the first respondent, the recipient of those letters. The petitioner also stated that he has children be the first respondent who are aged 10, 7 and 3 years. After he filed this petition Babu Rao left Bellampally and is living elsewhere.