RAJPAL Vs. MUNNI ALIAS HOSHIARI DEVI

JUDGEMENT

(1.) Raj Pal appellant and Smt. Munni alias Hoshiari Devi were married at village Nilauthi, District Sonepat, on Ist May, 1976. They have no issue. The appellant filed a petition for divoree against the respondent in August 1978 on the ground of her having committed adultery with Ashok Kumar respondent No. 2. Hoshiari Devi respondent contested the petition and denied having committed adultery as alleged.

(2.) The trial Court framed the following issues :

(3.) Issue Nos. 1 to 4 were not pressed. The trial Court found under No. 5 that Hoshiari Devi had been living in adultery with respondent No. 2 prior to marriage and also between May 1977 to 17th of September, 1977, but the appellant had condoned her acts of adultery. This issue was thus decided against the appellant. Issue Nos. 6 and 7 were also decided against/him end his petition was consequently dismissed vide order dated 25th November, 1979. This is against this order that the present appeal is directed.