DEVASAHAYAM Vs. DEVAMONY

JUDGEMENT

(1.) This is an appeal from the decree of the District Judge, Madura, in a suit brought by the plaintiff for dissolution of his marriage with his wife, the first defendant on the ground of her adultery with the second defendant as the co-respondent. Both the first and second defendants deny the alleged adultery, the first defendant also pleading that she was beaten and driven out of her house by her husband on more than one occasion.

(2.) The District Judge who tried the case after hearing the evidence came to the conclusion that the plaintiff had failed to prove the adultery alleged and dismissed the suit. Further he passed an order granting permanent maintenance to the first defendant at the rate of Rs. 10 a month.

(3.) The learned Counsel for the appellant has placed the evidence in his client's favour before us and we have carefully considered that evidence. It consists of the oral-evidence of five witnesses and after hearing that evidence we agree with the District Judge that it is unreliable for the reasons stated by the District Judge. We agree therefore with the District Judge in holding that the adultery is not proved; the claim for dissolution of marriage must be rejected.