GOPI Vs. MEGH RAJ

JUDGEMENT

(1.) APPELLANT Gopi filed a petition for divorce on the ground of adultery by her husband Meghraj with one Pyari. The petition was dismissed on the ground of delay. It was held that the allegation of adultery is proved. Both the wife and the husband have filed appeal and cross -objection. The counsel for the appellant wife submitted that after the finding of adultery, there was no good ground for rejecting the claim only on the ground that there was some delay. According to him the delay was not at all proved and in any case it could not be fatal in the facts and circumstances of the case.

(2.) MR . Gupta on the contrary submitted that even the allegation of adultery has not been proved. According to him the entire fabric of the applicant has been built on the assumption that the summons was served on Pyari at the address of non -applicant. But this fact is erroneous and incorrect. He also submitted that Nata was not proved and there must be very strong evidence to prove adultery. According to him (Gupta) merely because some vague evidence has been led about Mst. Pyari staying in the house of Meghraj, no inference of adultery can be drawn.

(3.) I have given a very thoughtful consideration to the rival contentions of the learned Counsel and also examined the relevant record.