( 1 ) THIS is a reference under Section 17 of the Indian Divorce Act made by the district Judge, Bilaspur, for confirmation of a decree nisi Passed by him under section 16 of the Act on the ground of adultery of the wife.

( 2 ) THE petitioner Prem Masih was married to Smt. Kumudanibai, the first respondent on 6th July 1964 and they lived as husband and wife at Jyotipur, pendra Road, where they were married for about two months. The petitioner wanted the wife to shift to his village home in Chakapendra, District Durg but she refused to so there. At that time, Rajendra Kumar, the second respondent, used to visit the wife and the petitioner suspected intimacy between them. The petitioner joined military service in October 1965. When he came on leave, he found the first respondent residing with the second respondent as wife and husband. The first respondent has also given birth to two children while she was living with the second respondent. These facts have been fully established from the evidence of the petitioner and his witnesses namely. Asisdan (P. W. 2) and B. Masih (P. W. 3 ). The respondent did not appear to contest the proceedings and the evidence was recorded ex parte. The le

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