MADHU Vs. MUKESH NARYAR

JUDGEMENT

(1.) BY a decree of divorce dated January 8, 1999 learned Family Court No. 1, Jaipur City snapped the marital ties between the appellant wife (Madhu) and respondent husband (Mukesh ). Against this decree that the present action for filing the appeal has been resorted to by Madhu.

(2.) MADHU and Mukesh got married according to Hindu rites on August 8, 1972. Two daughters and one son viz. Meenakshi, Nidhi and Atul were born out of the wedlock. On March 18, 1997 i. e. after 24 years and 7 months, Mukesh filed petition seeking divorce from MADHU under section 13 of the Hindu Marriage Act,1955 (for short `the Act') on the grounds of adultery and cruelty. At that point of time age of Meenakshi was 23 years, whereas age of Atul and Nidhi was 20 and 18 years respectively. Mukesh impleaded in the petition Shiv Kumar Verma of Amritsar (Punjab) and Baldev Sagar Beri of New Delhi as co-respondents. In para 10 of the petition Mukesh pleaded that in the month of July,1996 Shiv Kumar Verma came to Jaipur and stayed in his house. Illicit relationship of MADHU and Shiv Kumar Verma came to the light when Mukesh himself saw them sharing bed and committing sexual intercourse. Again in para 12 of the petition Mukesh averred that in July,1996 when he woke up in the night he found MADHU in the room of Baldev Sagar Beri and they were committing sexual intercourse. Since MADHU treated Mukesh cruelly he became disturbed and filed petition seeking divorce from MADHU.

(3.) WE have heard learned counsel for the parties and scanned the material on record. WE shall take up issue of adultery first.