REKHABAI Vs. GANGARAM

JUDGEMENT

(1.) THE appellant has filed the appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 9. 8. 1997 passed by learned District Judge, Dhar in Civil Suit No. 21-A/1995, wherein the decree of divorce is granted on the ground of adultery.

(2.) THE admitted facts of the case are that the marriage in between the appellant and the respondent was solemnized according to Hindu rites and customs in the year 1982 and they lived at Dhar. It is also the common ground that they arc having three daughters and one son from the wedlock.

(3.) THE case of the petitioner is that after about 8 years of marriage, the character of the defendant had become doubtful. That she is indulging in illicit sexual intercourse with Manoj son of Mannulal Khatri who is living in the next door. That on 11. 6. 1995 at about 9. 15 a. m. when the petitioner reached to his house, he saw his wife lying naked and in a compromise position with Manoj Khatri. That he broke up the door and reprimanded Manoj and thereafter lodged the report in the police. That on account of the illicit relation of his wife, the petitioner is loosing the reputation in the town and as such the decree of divorce be passed on the ground of adultery.