CHANDRAKANTA Vs. RAJESH

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 7th April, 1981 passed by the District Judge, Ajmer.

(2.) SMT . Chandrakanta -wife appellant sought divorce on various grounds including the ground of adultery against her husband, Rajesh, the respondent No. 1. The adultery partner Usha Singhi was also made a party. The District Judge, after trial of the case, found that the charge of adultery was proved though other charges regarding cruelty and desertion were not proved. However, after holding that, the adultery was proved; the District Judge dismissed the divorce petition on the ground that, in cross -examination, Smt. Chandrakanta has stated that both, the husband and wife, have consented to have divorce.

(3.) JUDICIAL courts by this process become abettor in the barbarous crime of atrocities on women and indignity to sex which is yet weaker section in the society and requires extra ordinary protection by judicial courts to provide them an equal status with males.