BANCHHANIDHI DAS Vs. KAMALA DEVI

JUDGEMENT

(1.) This is a husband's appeal against the decree of the learned Subordinate Judge of Puri rejecting his application for divorce on the plea that his wife (respondent No. 1) had been living in adultery with respondent No. 2.

(2.) Plaintiff was resident of village Kurujang and after marriage with respondent No. 1 became a teacher in a basic school. He left behind his wife and children in the village home and used to come every week-end during holidays. Respondent No. 2 happens to be his paternal cousin brother, but younger in age to him. Taking advantage of the absence of the plaintiff from the village, he picked up illicit relationship with the respondent No. 1 and started living in adultery with her. Plaintiff came to know of this fact and recovered five letters written by respondent No. 2 to respondent No. 1, wherein the fact of illicit relationship had been clearly indicated by the second respondent. When the plaintiff confronted his wife with these writings she ran away and started living with the second respondent. Finding no other option, plaintiff sued for divorce under Section 13 of the Hindu Marriage Act.

(3.) Each of the respondents filed a written statement and denied the plaint allegations. At the trial, however, they remained absent.