DHARAM SHEELA BAI Vs. RAM DAYAL BHATNAGAR

JUDGEMENT

(1.) THIS is an appeal from a decree of divorce on a petition by the husband under Section 13 of the Hindu Marriage Act, 1955 on the ground that the wife was living in adultery.

(2.) IT was urged in the petition that on June 18, 1958, the petitioner and his son found the appellant in compromising position with one Ram Krishan Sharma. The next day she left her husband's house and was since then residing with Ram Krishna. The wife resisted the petition and denied the charge of adultery as also of illicit intimacy with Ram Krisban. i According to her, she was beaten by her husband several times and he wanted to sell her. She also made an application' for maintenance. The learned trial Judge, having elaborately discussed the material on record, came to the conclusion that the appellant was living in adultery with Ram Krishan.

(3.) SHRI Patankar first of all contends that the Additional District Judge, Gwalior, had no jurisdiction to try the petition. The argument is that it is only the District Judge who was competent to try it. Reliance is placed on Kuldip Singh v. State of Punjab, (S ). In my opinion the contention is without force.