CHAMAN LAL PARSHAD Vs. PARVEEN CATHERINE HAQUE

JUDGEMENT

(1.) Chaman Lal Parshad appellant and Parveen Catherine Haque respondent were married on May 24, 1972. The respondent gave birth to a female child on April 29, 1975. On February 14, 1978, the appellant filed a petition for dissolution of his marriage with the respondent under section 10 of the Indian Divorce Act, 1869 , on the ground of adultery on her part. According to the appellant, they lived together at Batala till June, 1974, and had no occasion to cohabit thereafter. The respondent gave birth to a female child on April 29, 1975. He is not the father of the child that the respondent gave birth to on April 29, 1975.

(2.) The respondent in her written statement denied the allegation of adultery levelled against her. She averred that they lived together at Batala till December 30#1974, and the appellant was the father of the female child that she gave birth to on April 29, 1975. The trial Court framed the following issues:-

(3.) The appellant in his statement stated that at the time of his marriage in May, 1972, the respondent was a teacher in Sacred Heart Convent School at Amritsar and she continues to hold that job thereafter. After the marriage, the respondent visited him at Batala where he was employed as a Technician in Baring Christian College, Batala, for about a year's He then asked her to leave the job at Amritsar and on this issue the dispute arose between them within 6/7 months of their marriage. After 1974, the respondent discontinued visiting him. In reply to his counsel's question as to since which month of 1974 the respondent had stopped visiting him, he stated that she did so from the very beginning of the year. He denied that the female child given birth to by the respondent was from his loins. He tried to locate the father of the child but without success. In cross-examination, he added that to start with the respondent stayed with him at Batala for about a year and from there she wept to Amritsar to attend her job. The respondent was working in a school at Amritsar for some years before their marriage. There was no understanding between them that the respondent would give up her job after the marriage. He was drawing Rs. 400/- per month whereas the salary of the respondent was Rs. 500/- per month. After their marriage, the relations between his father and that of the respondent's became strained on account of their positions in Amritsar Discussant Trust Association. P.W.S.P. Das is a Lecturer in Baring Christian College, Batala. He said that he was on visiting terms with the appellant and his family. The parties lived together for about 1-1/2 years. The respondent did not visit the appellant since June, 1974. He had given the date of June, 1974, by approximation from his memory. P.W. Miraz Masih is 'an employee of Amritsar Diocesan Trust, Amritsar. He said that since June, 1974, the respondent did not visit the appellant nor vice versa. He admitted that he was the general attorney of the petitioner's father since 1972.