G. RADHAKRISHNA RAO, J.

( 1 ) MAINTENANCE petition was filed by the wife, appellant herein, along with her three children before the Magistrate under Section 125 CPC Maintenance was granted to the three minor daughters and was refused so far as the wife is concerned. The certified copy of the same has been marked as Ex. A-1 in the o. P. No. 514/89 filed by the husband for divorce on the ground of adultery. The ain allegation made in the Original Petition is that the wife was living in adultery. The husband was examined as P. W. I in the Original Petition. He stated that she was living with two named persons. But, those persons were never made parties in the Original Petition. When the husband came forward with a plea that the wife was living in adultery, the burden is on him to prove that she was living in adultery. He must also examine the persons who have knowledge of it. None of the persons were examined to prove that she was living with the named persons. The husband is an interested person. Mere allegation by the husband without examining other corroborative testimony is of no avail to accept the plea that she was living in adultery. On the other hand, the wife denied the same.

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