LEELABATI PAKHIRA Vs. KASHINATH PAKHIRA

JUDGEMENT

(1.) This is an appeal by the wife Leelabati Pakhira against whom her husband Kashinath Pakhira, now the respondent before us, has obtained a decree of divorce in the court of the District Judge, Howrah, under Section 13 of the Hindu Marriage Act, 15 of 1955.

(2.) The decree under appeal is rested on a specific ground: that the appellant, the wife, has been living in adultery with one Lakshmi Kanta, who however, does not figure as a co-respondent to the husband's petition for divorce filed in the court below on September 28, 1964.

(3.) After having heard Mrs. Nag, the learned Advocate appearing for the appellant and Mr. Ganguly, the learned Advocate appearing for the respondent, and after having considered the whole of the evidence on our own, we are satisfied that the reasons which weigh with the learned trial Judge do not appear to be sufficient to bring home the charge of adultery as made against the appellant.