The judgment establishes that evidence of cruelty, desertion, and adultery can constitute grounds for divorce under the Indian Divorce Act.

1. - This is a reference made by the Family Court under section 10/17 of the Indian Divorce Act for confirming the judgment and decree dated 10.4.1995 passed by the Judge, Family Court, Kota in between the parties.

2. A divorce petition under Section 10 of the Indian Divorce Act was moved before the Family Court. The parties were married on 27.4.1992 in accordance with the Christian rites. The divorce petition was moved on the ground of fraud, deceit. It was also alleged that the respondent even though was posing that he was earning about र 25,000/- per month, but lateron found that he was un-employed person. The respondent had been harassing the petitioner for bringing insufficient dowry and was even giving beatings to the petitioner. She is said to have turned out of the house on 27.7.1992, when she was not able to meet out the demand of र one lac. The respondent even though had appeared and filed the written statement, but later on absented from the court and, therefore, was proceeded ex parte. The statement of the petitioner was recorded. He (sic She ?) had supported her allegations. She has also stated that the respondent was living an adulterous life with one Jasmeen and even was having a girl child from Jasmeen. In this regard reliance was placed on Ex.1, the medical certificate in regard to abortion. The Family Court had found from the evidence produced that the petitioner was being ill-treated and was being meted out cruelty. It was found by the Family Court that the respondent was guilty of cruelty, desertion and living adulterous life.

3. We, therefore, find that the decree is sustainable on the ground of cruelty, desertion and adultery and deserves to be confirmed in favour of the petitioner on this count. We confirm the decree on the grounds mentioned above in favour of the petitioner.Decree Of Divorce Confirmed

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