SHAILENDRA KUMAR Vs. CHANDRA PRABHA

JUDGEMENT

(1.) This is a reference for confirmation of decree of divorce granted by the trial Court u/S. 17 of the Divorce Act, 1869.

(2.) Brief facts giving rise to this reference are as under:An application u/S. 10 of the Divorce Act, 1869 for dissolution of marriage was filed by the husband Shailendra Kumar against his wife Smt. Chandra Prabha. It is alleged that the marriage of both was solemnised on 27-5-87 at Community Church, Sector 6, Bhilai according to Christian rites. It is alleged that the applicant Shailendra is serving at Bhatapara and used to do up and down daily from Bilaspur. It is alleged that the non-applicant wife was closely associated with the family of non-applicant No. 2. Chandraprakash Samuel and often used to visit his house. The applicant husband used to protest, but no heed was paid by the wife. It is alleged that because of attachment of his wife with her brother-in-law (Jeeja), non-applicant No. 2, there used to be differences between them. It is alleged that on 3-4-90, his wife left Bhatapara along with her daughter and came to reside with her brother-in-law (Jeeja) Chandraprakash at Takhatpur. It is alleged that both the non-applicants are leading an adulterous life. On 29-10-95, when the applicant went to see his daughter at the house of non-applicant No. 2 at Takhatpur, he found his wife and non-applicant No. 2 in a compromising position. On that basis, he filed the petition for dissolution of marriage.

(3.) In support of his contention, the applicantexamined himself (A.W.1) and Shishir Kumar Chhatra (A.W.2).