GAYA PRASAD Vs. PREMVATI BAI @ RADHARANI

JUDGEMENT

(1.) This is an appeal by the plain tiff-husband whose suit for divorce brought against the respondent, his wife, on the ground that the respondent lived in adultery, has been dismissed by the District Judge, Sagar.

(2.) The marriage between the parties was solemnized about 14 years prior to the institution of the proceedings. They had issues out of the wedlock. None of the issues born at appellant's place is alive. It appears that the relations between the parties became strained and certain document was executed on 19-1-1970 expressing their intention to separate. Since April or May, 1971, the respondent is living with her parents. While she was living with her parents she gave birth to a female child.

(3.) It had been the case of the appellant that they agreed to live separately in consideration of which the appellant assigned certain land to her. This was sometimes in Jan. 1971. Thereafter they have been living separately and had no cohabitation. His allegation is that while at her father's place, the respondent lived in adultery as a consequence of which she gave birth to a female child as a result of cohabitation with some person other than the appellant. Refuting the appellant's claim the respondent asserted that she was turned out by...... from her matrimonial home on 16.8-1970. According to her, she was then carrying as a result of cohabitation with the appellant. The allegation of adultery was denied. It was added that the document showing that they had agreed to live separately was got executed under duress. The learned District judge, after a full trial, held that the appellant could not prove that the respondent was living in adultery. It was also held that when the respondent left the matrimonial home she ,was carrying. On these findings, the appellant's suit was dismissed.