LAWS(J&K)-1959-1-5

TRIBAT SINGH Vs. BIMLA DEVI

Decided On January 05, 1959
Tribat Singh Appellant
V/S
BIMLA DEVI Respondents

JUDGEMENT

(1.) THIS is an appeal by Tribat Singh hushand who prayed for a decree for divorce against his wife Mst. Bimla on the allegations that his wife was unchaste and unfaithful to him and had been leading an adulterous life. Mst Bimla Devi, the wife, denied the allegations made by the husband and has averred that till the allegations made in the petition were false. It is further stated by her that she has always been ready to go to her husband but it is her husband who refused to keep her in his house. The trial Court of District Judge raised the following issue: Has the respondent contracted illicit connection with Kartar Singh and is she committing adultery with him and with some other persons also, if so, since when and is the applicant entitled to get the decree for divorce? This issue was found against the husband petitioner and his application was dismissed. He has coma up in appeal.

(2.) ON behalf of the appellant it is contended that the District Judge has not properly appreciated the evidence and has erred in dismissing his petition for divorce. We have been taken through the evidence adduced by the petitioner appellant to show that his wife was not or good character and was leading an adulterous life.

(3.) BHAG Singh is the Numberdar of the village in which the petitioner resides. From his evidence it is clear that a man by the name of Kartar Singh used to visit the non -applicant in her house and she used to be absent from her house for four to six days at a stretch. He has deposed that the non -applicant is not a woman of good character.