RAMBAI Vs. ISWARDEEN

JUDGEMENT

(1.) This is the wife's appeal against the trial Court's judgment and Decree for divorce, granted in favour of the respondent- husband under Sec. 13 of the Hindu Marriage Act, on the ground of adultery.

(2.) Parties were lawfully married according to Hindu rites and customs more than two decades back. It is not in dispute that PW-2 Ramniwas, Ganesh and one Ku. Dhanwanti were born out of the wed-lock of this married couple.

(3.) The case of the respondent-husband, in the trial Court, was that the present appellant-wife, since about the year 1975, had developed illicit connections with one Mathura, who was their neighbour and that in about 1977, one female child, later named as Kumari Sarita, was born from this illicit relationship. The husband claimed to have knowledge of this illicit connections from his own mother and from his eldest son Ramniwas. Besides, he equally claimed to have accidentally seen Mathura lying with his wife in the cot at his home while he had arrived home suddenly from outside. Responent husband, therefore, filed the suit for divorce on the ground of adultery of his wife.