RAJENDRA AGRAWAL Vs. SHARDA DEVI

JUDGEMENT

(1.) The husband/appellant has preferred this appeal against the judgement and decree passed by the Court below thereby dismissing the suit filed by him under Ss. 13(1)(i) and 13(1)(ia) of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act').

(2.) The facts leading to the filing of this appeal fall within a short compass. The petitioner/husband filed the suit against his wife-defendant/respondent, alleging that she is a cruel and characterless woman having illicit relations with many persons and with one Mohan Shivhare in particular. The other ground taken was that of 'cruelty' and the learned Court below found that the plaintiff could not succeed on both the counts in proving the suit allegations against the respondent/defendant and as such dismissed the suit, by the impugned judgement.

(3.) Shri K. K. Lahoti, appearing for the appellant contends that the impugned order is bad in law, mainly based on the mis-appreciation of document Ex.P1 executed by the respondent/defendant Smt. Sharda Devi, wherein though she admitted her illicit relationship with Mohan Shivhare but promised to be of good character in future. Despite the execution of the document Ex.P1 when she did not improve and was further found meeting the said Mohan Shivhare, the suit for the decree of divorce as contemplated under Ss. 13(1)(i) and 13(1)(ia) was filed by the appellant.