DANDA SAMAUL RAJ Vs. SHILA AGNUSH RAJ

JUDGEMENT

(1.) This is a reference under S.17 of the Indian Divorce Act, 1869, for confirmation of the decree nisi for the dissolution of marriage granted by the learned District Judge, Giridih.

(2.) Danda Samaul Raj had preferred the petition against his wife, Smt. Shila Agnush Raj, averring that both of them were married according to the Christian rites in the Bijulia Baptist Church at Ramgarh in the district of Hazaribagh. Later, both of them lived together at Ramgarh as also at Pipradih within Gomia Police Station. Out of the said wedlock, two children, namely, Rajesh Niresh Raj and Manish Raj were born to them.

(3.) It was alleged that since April, 1976 respondent No. 1, Smt. Shila Agnush Raj, started living separately and despite persuasion by him, she did not return to the marital home. The petitioner was compelled to give registered notice to the respondent-wife requesting her to return to Gomia and reside with him, which met with no response whatsoever. It was the petitioner"s case that for three years preceding January, 1980, respondent No. 2, Sudhir Back, had been constantly coming and living with the respondent-wife and during that period he had committed adultery with her. It was alleged that the petitioner himself had witnessed the two respondents engaged in such like unlawful acts. It was averred that there was no collusion or connivance between the petitioner and the respondent wife, and on the aforesaid allegations, the petition under S.10 of the Indian Divorce Act, 1869 (hereinafter called "the Act") was preferred.