IZREAL MASIH Vs. SHEELA

JUDGEMENT

(1.) FACTS necessary for adjudication of the question involved in this application are that the petitioner Izreal Masih and the respondent Smt. Sheela, both professing Christian religion, were married at Raipur on 28 -12 -1981. The petitioner filed a petition under Section 10 of the Indian Divorce Act, 1869 (hereinafter called the Act) on 11 -8 -1989 contending that the petitioner learnt through some persons that the respondent is leading an immoral life at Raipur and also at Jagdalpur; she is frequented with different persons at Raipur during her stay and the same life was led by her at Jagdalpur and as the respondent is leading an adulterous life, the petitioner desires to and his matrimonial relations with the respondent.

(2.) THE respondent entered appearance and filed her written statement denying the fact that she is leading an immoral life and frequented with different persons during her stay at Raipur and Jagdalpur. Later on, on 9 -1 -1992, the Court proceeded ex parte and after recording the evidence of the petitioner and his two witnesses, passed a decree for dissolution of the marriage on 4 -11 -1992. This decree is placed before this Court for confirmation as required under Section 17 of the Act.

(3.) IN the circumstances, without there being any other cogent evidence to support the statement of the petitioner, the fact that the respondent Sheela was living an adulterous life cannot believed. The respondent Sheela was living with her parents at Raipur and after her father's transfer to Jagdalpur, she was living with them a Jagdalpur, as admitted by the petitioner himself. A lady living with her parents in the normal circumstances would not lead an adulterous life. Apart from the statement of the three witnesses, nothing has been brought to our notice which would lead us to the conclusion that the respondent -wife Sheela was leading an adulterous life. The finding arrived at by the Trial Court is perverse and deserves to be set aside.