PRABHU Vs. GEETA

JUDGEMENT

(1.) THIS is an appeal by the husband in a proceeding for divorce instituted by the wife under Section 13(1)(i) of the Hindu Marriage Act, 1956.

(2.) THE marriage of the respondent Smt. Geeta was solemnised with the appellant some 12 or 13 years back at village Tikholi according to the Hindu rites. The appellant thereafter married one Mst. Misri. The respondent wife thereupon filed a petition for grant of a decree for divorce against the appellant, her husband, on the ground of adultery. The appellant admitted having married Mst. Misri but contested the petition on the ground that he married Mst. Misri with the consent of the respondent. It was also alleged that the respondent condoned the adulterous living of the appellant with Mst. Misri. The learned Additional District Judge, Tonk on the pleadings of the parties framed the following issues: