J U D G M E N T

Shaffique, J.

This appeal is filed by the petitioner in OP No.138/2003 of the Family Court, Kannur by which petition for divorce under the Hindu Marriage Act was dismissed by the Family Court.

2. Parties are referred to as shown in the original petition.

The brief facts arising in the case are as under:-

Petitioner married the 1st respondent as per Hindu religious custom and rites on 8/10/1986. Two children were born in their wedlock. Petitioner was employed in Saudi Arabia till 25/11/2001. Normally he used to come for leave for two months every year. During November 2001, he got secret information that his wife was having illegal relationship with the 2nd respondent. He came to India on 25/11/2001. He noticed a change in the character of the 1st respondent and she was getting frequent telephone calls and was engaged in conversation for a long time. When the petitioner attempted to receive the telephone calls, it got disconnected from the other end. 1st respondent also did not give a convincing answer. This caused suspicion in his mind and he taped the telephone conversation by using a recorder. The telephone conversation so recorded revealed that there was illicit se