MAJOR CHARANJIT SINGH Vs. SANDEEP KAUR

JUDGEMENT

(1.) Two appeals-F.A. Os Nos. 87-M and 44-M of 1976-were filed by Maj. Charanjit Singh and his wife Sandeep Kaur respectively against the same judgment dated February 25, 1976, passed by the Additional District Judge, Patiala, granting a decree for judicial separation on the ground of adultery committed by the wife with Manjit Singh. Charanjit Singh shall hereinafter be referred to as the petitioner and Sandeep Kaur as respondent No. 1. Manjit Singh would be referred to as respondent No. 2. as he was referred to as such in the petition which was tiled before the lower court by the petitioner for obtaining a decree of divorce. The petitioner has filed the appeal for the relief originally claimed by him on this basis that respondent No. 1 had been living in adultery with respondent No. 2. On the other hand, respondent No. 1 has filed an appeal on the ground that this finding of the lower Court was not correct that she had been guilty of one act of adultery with respondent No. 2 after her marriage with the petitioner.

(2.) The petitioner and respondent No. 1 got married on November 24, 1968, at Ludhiana and the petition for divorce was originally filed by the petitioner on November 18, 1969. He obtained the permission of the Court for entertainment of the petition before the expiry of the period of three years as was then required by law.

(3.) The only ground was taken at that time for obtaining the decree was that respondent No. 1 had converted herself to Christianity at Patiala on October 23, 1969, at a certain church mentioned in the petition. Subsequently an amended petition after obtaining the required permission was filed on April 15, 1975, so as to introduce this ground that respondent No. 1 was living in adultery with respondent No. 2, It was at that stage that respondent No. 2 herself had been impleaded as a party.