KAN SINGH, J.—This is a wifes appeal under sec 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "Act", directed against the judgment and decree of the learned Additional District Judge, Dholpur dated 30-8-69 dissol-ving the marriage between the spouses by divorce on the ground of adultery,

2. Shri Radhay Shyam and Smt. Pushpa Devi were married in July, 1961 according to the Hindu rites, A female child who was 3 years old on the date of the petition under sec. 13il)of the Act was born of the union.On 19-11-66, the husband Radheyshyam made the petition in the court of the District Judge, Bharatpur. It was alleged therein that for the last 2-1/2 years Smt. Pushpa Devi had left the husband and had developed adulterous relationship with respondent No. 2 Hukam Singh. They were helped in this by the mother of the wife. The wife was a teacher in a school and was living at Dholpur. It was further averred in the petition that he husband tried his best to persuade the wife to live with him, but in vain. The wife contested the petition. She denied that she had any adulterous relationship with Hukam Singh. She stated that Hukam Singh was her maternal uncle (Mama), as her mother used to tie Rakhi on his hand. The learned District Judge framed he following issues :

"(1) Whether Mst. Pushpa Devi respondent is living in adultery ?

(2) Whether it is in the welfare of the minor, Kumari Ranjana, daughter of the petitioner, that she should remain in the custody of her father ?

(3) Whether Hukam Singh is entitled to special costs ?

(4) To what relief is the petitioner entitled ?"

Thereafter the case was transferred by the learned District Judge to the court of the additional District Judge at Dholpur.

3. Both the parties led their evidence. The husband examined in all 4 witnes-es. P W. I was Radhey Shyam, the husband himself. He admitted that at the time of the Marriage Hukam Singh had worked like any other member of the family and his wife Smt. Pushpa was calling him Mama. He had further admitted that he ad no persona) knowledge about the illicit relationship between Smt. Pushpa and Hukam Singh. P. W. 2 Babulal stated that whenever he had occasion to visit the house of Smt. Pushpa he found Hukam Singh there, but he could not say what kind of relations they had. P. W. 3 was Bhagwan Swaroop. He stated that Hukam Singh was living with Smt. Pushpa. He further stated that on one occasion he had seen both of them singing film songs which were indecent or obscene. However, he could not say what the songs were. He further stated that the two were holding the hands of each other. P. W. 4 was Rambharoselal. He had seen Hukam Singh mostly living with Smt. Pushpa. On one occasion he had seen the two sitting on a cot in the verandah. He too admitted that Hukam Singh used to say that Smt. Pushpa was his Bhanji (niece). In rebuttal Smt, Pushpa examined herself and produced 3 other witnesses.

4. The learned District Judge came to the conclusion that though there was no direct evidence Of adultery yet the same has been proved by the circumstances brought on record. The essentials of the judgment of the learned Additional Dist-rict Judge are contained in the following passage :—

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