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ANTONY DOMINIC, P.D.RAJAN
P. Mohandas Panicker – Appellant
Versus
K. K. Dakshayani – Respondent
The court's decision involves the dissolution of the marriage between the appellant and the first respondent on the grounds of adultery. The evidence presented demonstrated that the first respondent engaged in sexual relations with another man, which was found to be proved on a balance of probabilities. The court rejected the respondent's denial and concluded that the appellant successfully established the act of adultery through credible testimony and supporting evidence. As a result, the marriage was legally dissolved, and the previous maintenance order was set aside, since an adulterous spouse is not entitled to maintenance under the relevant law. The case emphasizes that in civil matrimonial disputes, proof of allegations such as adultery relies on a preponderance of probabilities rather than proof beyond reasonable doubt.
P.D. Rajan, J.
1. This appeal is filed against the order passed by the Family Court, Kozhikode in O.P.No.112/2002 which was preferred by the appellant/husband on the ground of adultery as provided u/s 13 (1)(i) of the Hindu Marriage Act 1956 seeking divorce against the 1st respondent, his wife.
2. The appellant married the 1st respondent on 14.12.1974 as per the Hindu customary rites and thereafter, they lived together as husband and wife. In the wedlock, two children were born to them and both of them have attained majority. According to the appellant, while they were residing in the family house, the 1st respondent used to pick up quarrels with him for silly reasons and used to behave indifferently. She used to create problems in the house and without any provocation, cry loudly to attract the attention of neighbours. For one reason or the other, she frequently visited her house and stayed there. Subsequently, they shifted their residence to a new house. After the marriage of her first daughter, the 1st respondent used to visit her family house at Koduvally and stayed there for several days. Such indifferent behaviour and the telephone calls during that period were notice
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