PRAKASH CHAND GAIKWAD Vs. RATNA PRABHA

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act, 1956 (hereinafter referred to as the Act) is filed by the husband.

(2.) THE appellant brought an action under Section 13 of the Act seeking a decree for divorce against the respondent/wife on the ground of adultery.

(3.) IN short, the appellant-plaintiff's case is that the parties are Hindus. Appellant's marriage with respondent No. 1 Smt. Ratna Prabha was solemnised according to the custom and Ritis prevalent in their caste in the year 1968. They both lived at Bhopal and the spouse was blessed with three issues. Appellant stated that Smt. Ratna Prabha-wife deserted him without any excuse on 10th of June, 1978; and all the attempts made by him to bring her to matrimonial home resulted in futile. It is further submitted that she is leading a adulterous life with one Dr. Dafal - respondent No. 2, who was Assistant Superintendent of Hamidia Hospital, Bhopal, and residing in Arera Colony. He, therefore, prayed for a decree of divorce.