( 1 ) THIS is the husband's appeal on his failure to get a decree of annulment of the marriage with respondent 1 (his wife) inter alia on the ground that she committed adultery which was witnessed by the husband himself on 6-9-1972 and on the ground that the first respondent, his wife, had deserted him for over a period of seven years.

( 2 ) IN Miscellaneous Case No. 3 of 1980 in the Court of the Civil Judge at Athani, the petitioner pleaded that on his return from his shop to his house at a time he found respondents cohabiting sexually and seeing him they got up; he rebuked them. He rebuked and told her not to continue her adulterous life in furture. Thereafter the petitioner was shocked and he took meticulous care to refrain from having sexual intercourse with his wife. He further alleged that even thereafter the first respondent had her menstrual periods regularly up to 11-3-1973. However she gave birth to a male child on 18-12-1973. He therefore pleaded that the child born in December 1973 was not fathered by him. It was claimed by him that the said child was the progeny of the first respondent by her illicit relationship with the second respondent. On 7-4-1973, he alleged that

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