BASANTI DEVI Vs. RATTAN SINGH

JUDGEMENT

(1.) This is unusual case where the husband has sought divorce on the ground of adultery more than 30 years after the marriage, The allegations are that the wife is living in adultery with the brother of the husband and that two sons, Surinder Kumar and Dinesh Kumar were born to the wife out of her adulterous relations with the elder brother, Jeeta Ram.

(2.) The petition under Section 13 of the Hindu Marriage Act for grant of divorce was allowed by the learned District Judge by holding that from the evidence on record it stands proved that the wife is living is adultery with Jeeta Ram, brother of the husband. He was relied upon various facts in this regard including the fact that in the school record the name of the father of the sons is entered as Jeeta Ram and not Rattan Singh. The trial court has also held that during evidence a new case was built up that Dinesh Kumar, one of the sons, had been adopted by Jeeta Ram, whereas there was no pleading in this regard. According to the trial court the wife and Jeeta Ram have been residing together for the last 22 years at Nohra, whereas the husband has been residing at Rajgarh. He has further relied upon the fact that as per the statements of the wife and Jeeta Ram whenever they came to Nahan to attend the case they lived together sometimes with relatives and sometimes in Hindu Ashram. He has also held that the allegations of the wife that the husband was living in adultery with one Nirmala Devi have not been proved and as such this allegation itself amounts to an act of cruelty entitling the husband to divorce.

(3.) This appeal has been filed by the wife, Basanti Devi, challenging the decree of divorcee granted by the learned District Judge, Nahan in H.M. Petition No. 10 -HMA/3 of 2003, decided on 24.6.2004.