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1998 Supreme(Ker) 85

A.R.LAKSHMANAN, K.V.SANKARANARAYANAN
Kunhiraman – Appellant
Versus
Santha – Respondent


Judgment :-

A.R. Lakshmanan, J.

Husband is the appellant in this appeal. He married the respondent on S.1,1975 and three children were born in the wedlock who were aged 16,10 and 8 years. The appellant filed O.P. 68/93 on the file of the Family Court, Kozhikode against the respondent that on the night of 24.1,1993 when the appellant knocked at the door of the house where the wife was residing, lie happened to see the respondent in the company of another man, in nude. He also saw the person running through the back door of the house and when the appellant questioned her the wife said that the person who was with her was one Kunhiraman. She also confessed that she was leading adulterous life with Kunhiraman for about 10 years. Therefore, the appellant filed the petition under S.13 of the Hindu Marriage Act for divorce.

2. The respondent contested the petition contending that the appellant was always of a suspicious nature of her fidelity and the incident of 24.1.1993 averred in the petition is only a story invented for the purpose of this petition. She also denied that she has confessed to him that she is leading an adulterous life. The Family Court examined the appellant as P.W.1 and


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