MANGALDEEN Vs. MUNNIBAI

JUDGEMENT

(1.) THIS appeal is filed Under Section 28 of the Hindu Marriage Act challenging the judgment and decreed dated 5. 7. 1995 in Case No. 23a/90 delivered by Additional District Judge, Maihar, Distt. Satna regarding the dismissal of the petition for divorce which was filed on the ground of adultery.

(2.) THE admitted facts of the case are that the marriage between the appellant and respondent was solemnised according to the Hindu rites and from the wedlock they have two sons. It is also admitted that the appellant/plaintiff is working in MPEB at Jabalpur.

(3.) THE case of the appellant/plaintiff is that appellant/plaintiff received negligible share in his family partition and as such for livelihood he was forced to leave his children and wife in village and he went to earn money at Jabalpur. That after 5 or 6 years he came to know that his wife Munni Bai has developed illicit relation with the appellant sister's husband, Badri Prasad, and that the respondent/wife got pregnant with Badri Prasad. That in the village Panchayat Badri Prasad admitted his illicit relation with respondent/wife and agreed to keep her with him as his own wife. The appellant has prayed that his wife had a child with Badri Prasad and she is leading adultress life and as such their marriage be dissolved by decree of divorce.