PUSHPA DEVI Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS is a wife's appeal under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred to as the "act", directed against the judgment and decree of the learned Additional District Judge, Dholpur dated 30-8-69 dissolving the marriage between the spouses by divorce on the ground of adultery.

(2.) SHRI Radhey Shyam and Smt, Pushpa Devi were married in July, 1961 according to the Hindu rites. A female child who was 3 years old on the date of the petition under Section 13 (1) of the Act was born of the union. On 19-11-66, the husband radhey Shyam made the petition in the court of the District Judge, Bharatpur. It was alleged therein that for the last 21/2 years Smt. Pushpa Devi had left the husband and had developed adulterous relationship with respondent No. 2 Hukam singh. They were helped in this by the mother of the wife. The wife was a teacher in a school and was living at Dholpur. It was further averred in the petition that the husband tried his best to persuade the wife to live with him, but in vain. The wife contested the petition. She denied that she had any adulterous relationship with Hukam Singh, She stated that Hukam Singh was her maternal uncle ('mama'), as her mother used to tie 'rakhi' on his hand. The learned District Judge framed the following issues:-

(3.) BOTH the parties led their evidence. The husband examined in all 4 witnesses. P. W. 1 was Radhey Shyam, the husband himself. He admitted that at the time of the marriage Hukam Singh had worked like any other member of the family and his wife Smt. Pushpa was calling him "mama". He had further admitted that he had no personal knowledge about the illicit relationship between Smt. Pushpa and hukam Singh. P. W. 2 Babu-lal stated that whenever he had occasion to visit the house of Smt. Pushpa he found Hukam Singh there, but he could not say what kind of relations they had. P. W. 3 was Bhagwan Swaroop. He stated that Hukam singh was living with Smt. Pushpa. He further stated that on one occasion he had seen both of them singing film songs which were indecent or obscene. However, he could not say what the songs were. He further stated that the two were holding the hands of each other. P. W. 4 was Rambharose Lal. He had seen Hukam Singh mostly living with Smt. Pushpa. On one occasion from the way he had seen the two sitting on a cot in the verandah. He too admitted that Hukam Singh used to say that Smt. Pushpa was his "bhanji' (niece ). In rebuttal Smt. Pushpa examined herself and produced 3 other witnesses.