N SARADA MANI Vs. G ALEXANDER

JUDGEMENT

(1.) This is an application filed by the wife under Section 10 of the Indian Divorce Act (hereinafter referred to as 'Act') seeking divorce on the ground that her husband, the first respondent, is living in adultery with the second respondent and that he treated her with cruelty, beating her and threatening to kill her. The first respondent-husband, while admitting his marriage with the petitioner on 28-6-1989, denied that he received any dowry nor treated the petitioner with any cruelty. He also further denied that he had any illicit intimacy with the second respondent. He alleges that the petitioner herself deserted him two years back. Of course, he does not oppose the petition for divorce, but rests contended by saying that because of the suspicious nature of the petitioner, he got vexed and therefore, he also prays the Court to pass a decree for divorce declaring dissolution of marriage between them. After filing the counter, he remained ex parte during the course of the trial.

(2.) The second respondent in her counter-affidavit states that she is a married woman living with her husband in 257, Housing Board Colony at Rajahmundry. The allegation that when the first respondent took the petitioner after marriage to his house in Hyderabad, to her surprise and dismay, she found the second respondent living in the same house is false. She further states that all these allegations are false, vexatious and malicious.

(3.) The petitioner examined herself as P.W. 1, besides examining P.W. 2, her brother; while the second respondent examined herself as R.W. 1, besides examining R.W. 2. In addition, she marked Exs. B-1 to B-6.