KAMLESH Vs. PARAS RAM

JUDGEMENT

(1.) This is the aftermath of Paras Ram v. Kamlesh reported in AIR 1982 Punj and Har 60 decided by S.S. Sandhawalia C. J. and S. P. Goyal, J.(D. B.).

(2.) As is plain from the report the matter was sent back to the trial Court with the direction that the husband be allowed to amend his petition for divorce and a specific issue be framed with regard to the allegations of adultery made by the wife as false. In accordance therewith the learned trial Judge allowed the parties to amend their pleadings and the requisite issue was recast as issue No. 3 which is as follows : -

(3.) As is clear from the report above referred to the burden of proof for the issue was on the husband which had to be discharged negatively. The allegation of adultery as made by the wife had then to be substantiated. The learned trial Judge permitted the parties to lead evidence thereon. It goes without saying that the onus on the husband being very light he discharged it by denying the allegation. The wife on the other hand could not discharge her burden successfuly. The learned trial Judge then went on to observe : - "On consideration of evidence on the record it goes to show that the allegations could not be substantiated and they are unfounded and baseless."