JUDGMENT - 1. The appellant original applicant held filed a petition for divorcee against her husband under Section 10 of the Indian Divorce Act. The appellant claimed divorce on two distinct grounds. She prayed that her marriage may be dissolved on the ground that since the solemnization thereof her husband has been guilty of adultery coupled with such cruelty as without adultery would have entitled her to a divorce, a mensa et toro. She also claimed dissolution of marriage on the additional ground that since the solemnization of the marriage her husband was guilty of adultery coupled with desertion without reasonable excuse for two years or upwards.

2. The respondent-husband resisted the application and denied the allegations about adultery, cruelty and desertion. After consideration of the evidence adduced by the parties, the learned Extra Joint Judge at Poona came to the conclusion that the petitioner failed to establish that the petitioner failed to establish the ground based upon adultery coupled with legal circulate. However, the learned Judge was sufficient for recording a finding that the respondent husband was living in adultery for two years or more since the solemnizatio

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