(1.) This is an appeal by Smt. Mohinder Kaur against the judgment of the Additional District Judge, Ferozepore, granting a decree for divorce under S. 13 of the Hindu Marriage Act against her in favour of Narinder Singh respondent.
(2.) The petition was filed by Narinder Singh against Mohinder Kaur for a decree of divorce or in the alternative for judicial separation. The petitioner stated that his marriage with Mohinder Kaur had taken placed on 4-4-1948 and the parties lived and cohabited together in village Sherawala, Police Station Dharamkot, District Ferozepore, and also in village Agwar Challan in Dharamkot; a female child was born to them in June 1949 and that the petitioner thereafter got employment in the police department at Ludhiana sometime in 1950 and remained there till the end of 1953. Mohinder Kaur did not like the petitioner's taking up service in the police department and went away to her parents' house, but the child continued to live with the petitioner. It is then stated that Mohinder Kaur thereafter started living immoral life and began openly to have a liaison with Mohinder Singh son of Kaka Singh. This Mohinder Singh, it may be mentioned, was also impleaded a party to these proceedings. The petition then proceeds that Mohinder Kaur also conceived and gave birth to a female child as a result of her immoral life. This child however, died within 10 days of her birth at Bhularian.
(3.) Mohinder Singh was served, but he did not choose to appear and the proceedings against him were ex parte. Mohinder Kaur, however, contested the petition denying the allegations of adultery against here and to have liaison with Mohinder Singh. She also denied having given birth to any child in 1951. She alleged that only one child was born to her who is the daughter from the petitioner and who is living with him. The learned Additional District Judge framed the following issues in the case: Is the respondent living in adultery with Mohinder Singh, corespondent and others ? Did the respondent have sexual intercourse with co-respondent or anybody else besides the petitioner, if so, what is its effect ? Relief.