ROBERTTIRKEY Vs. SUBHASINI TIRKEY

JUDGEMENT

(1.) This appeal under Section 55 of the Indian Divorce Act, 1869 is at the instance of the petitioner/husband who filed a suit for divorce under Section 10 of the Indian Divorce Act, 1869 as against defendent/respondent No. 1 on the ground of adultery.

(2.) The basic facts of.this case are not disputed.

(3.) The appellant filed the aforementioned suit alleging inter alia therein that he married respondent No. 1 according to Christian rites on 28-12-1981. It is also admitted that respondent No. 1 gave birth to a female child in the year 1982. However, there is a dispute with regard to the date of birth of the said child, that is, according to the appellant, the famale child was born in August, 1982 ; whereas according to respondent No. 1 she was born on 23-9-1982. The appellant inter aha had contended that he had no access to the defendant so as to live as husband and wife prior to third week of March, 1982. It is admitted that since April 1982, they have not been living together. Admittedly, the parties last lived together at Ranchi.