Desertion by a spouse and proven infidelity constitute valid grounds for divorce under the Hindu Marriage Act.

1. Heard.
This first appeal has been brought under S.28 of Hindu Marriage Act ,1956 against the judgment and decree passed by the Court of Second Additional Sessions Judge, Raipur, in Civil Suit No. 52 A / 95 dated 12.07.2001 by which the divorce petition brought by the petitioner was dismissed.

2. Petitioner and respondent are husband and wife. The marriage between them was performed in the year 1984. Respondent started living separately from the appellant from the year 1986. The appellant moved an application under S.13 of Hindu Marriage Act ,1956 against the respondent on the grounds of desertion and adultery committed by wife (the respondent). It was stated in the application that respondent never resided continuously with the appellant and she had physical relationship with some other persons prior to the marriage with the appellant, because of which a child was born within 7 months from the date of performance of marriage. A man named Shrawan Kumar usually came to visit respondent, when she used to live with appellant, thereafter, respondent started living with Shrawan Kumar without informing the appellant in the residence of Shrawan Kumar. The appellant tried to bring back his wife but she did not come back. On the contrary, she filed the application under S.125, Cr.P.C before the Court of JMFC Dharamjaigarh. While residing separately, respondent became pregnant and the child was born on 30.06.1989. It was alleged that respondent has physical relationship with number of other persons and on these grounds, decree for dissolution of marriage was prayed for.

3. Respondent in written statement admitted her marriage with the appellant and denied all the pleadings in the application. She has stated that Shrawan Kumar was her cousin. She has denied the fact that she was residing at his residence. She stated that children were born out of the wedlock with the appellant. Denying all other allegations made, prayer was made to reject the divorce petition.

4. The Trial Court framed issues and after affording opportunity of hearing to both of the parties to produce evidence and hearing arguments has passed impugned judgment, in which the grounds raised by the appellant for grant of decree for dissolution of marriage were rejected.

5. The ground in this appeal are that the trial Court has failed to appreciate the evidence brought by appellant on record. The appellant had successfully proved by production of evidence that respondent was living in adultery, having relationship with Shrawan Kumar and others, thus causing mental cruelty to the appellant and further she has deserted the appellant without any reasonable cause, hence, this prayer of appellant may be allowed, judgment passed by the Trial Court be set aside and relief be granted to the appellant.

6. Heard, learned counsel for the appellant. None for appeared for the respondent.

7. Perused the record of the trial Court.

8. In support of the pleadings made in the divorce petition, the appellant Anand Kumar (AW - 1) has stated before the Court that soon after marriage respondent used to habitually leave for her maternal house and she resided only for few days in her matrimonial home. First child of respondent was born in seven months. It is stated that when he used to leave for work, a man named Shrawan Kumar used to visit his wife / respondent and stayed for sufficient time. Whenever, appellant used to ask about Shrawan Kumar, respondent used to say that he was her cousin. Ultimately on 18.06.1986 respondent went with Shrawan Kumar and did not come back. The appellant was searching his wife, the respondent / wife was found present in the house of Shrawan Kumar. He told Shrawan Kumar to send back his wife, but his wife never came back. It is also stated t