Burden of proof in divorce for adultery is on alleging spouse; circumstantial evidence can substantiate claims without absolute proof.

1. The appellant(wife) has filed the present appeal under S.28 of the Hindu Marriage Act against the judgment dated 10.07.2012 passed by third Additional Sessions Judge, Khargone (Nimar) whereby the marriage between the appellant(wife) and the respondent (husband) held on 24.04.2004 has been declared dissolved.

2. The appellant(wife) and respondent (husband) both belong to the Hindu religion. They entered into wedlock on 24.04.2004 by following customs and rituals at Village Un Tehsil Khargone and the same is legal under the Hindu Marriage Act . After the said marriage, they lived at Narayandas Colony Bistan Road, Khargone. Out of the aforesaid wedlock, the appellant(wife) gave birth to a daughter on 23.07.2005. respondent (husband) approached the Court of District Judge on 22.10.2008 by way of an application under S.13 of Hindu Marriage Act seeking a decree of divorcee by way of dissolution on the ground of adultery and cruelty. According to him, on 09.07.2008 near about 08:00 to 08:30, Smt. Maya Gupta wife of Dr. Ajay Gupta gave a call four times and disconnected. Near about 09:00 to 09:30, she came to his house weeping and gave 4-5 slaps to the appellant(wife) by accusing that, she has spoiled her life by indulging in an illicit relationship with her husband. She has also told that there are many nude photos and videos of the appellant with Dr. Ajay Gupta, and he has admitted this immoral act. According, to the Respondent (Husband), the appellant(wife) has also admitted that she is in an affair with Dr. Ajay Gupta since college time and she would continue to do so. It is further pleaded by the respondent (husband) in the suit that the appellant(wife) has admitted the above conduct by writing a note (i.e. Ex.P / 1) in her writing before leaving the house with her daughter. Thereafter, since 10.07.2008 she is living with her parents. On 10.07.2008, the brother of the appellant(wife) Shri Umesh Gupta came and requested the respondent (husband) not to make any complaint to the police to save the family from embracement. Mr Manohar Gupta i.e. father of Dr. Ajay Gupta also came and requested him that Dr. Ajay Gupta and the appellant has committed a sin and requested not to make a complaint to the Police. Hence, he did not make a complaint but after some time appellant(wife) has started threatening him that she would falsely implicate his family in the criminal case. He suffered mental agony and insecurity in the life, hence, he informed the police station Khargone on 13.07.2008 vide Ex. P / 2. Later on, he came to know from his neighbours that in his absence Dr. Ajay Gupta used to visit his house and the appellant(wife) used closed doors and windows of the house. Later on, he also came to know that the appellant(wife) and Dr. Ajay Gupta were known to teach others when the appellant(wife) was working as a receptionist in the B.E.M.S. College. After the marriage, friendship has been developed between the families and they jointly visited Shirdi in the year 2005-06 and Vaishnev Devi in the year 2006-07. Respondent (Husband) provided a personal mobile to his wife but now he is recollecting that on the pretext of the treatment, she used to visit frequently the clinic of Dr. Ajay Gupta in his absence. He has also come to know that she is having an illicit relationship with Ali Bohra as well. He also came to know that once the appellant(wife) and Ajay Gupta were caught in a compromising position in Maruti Car. On these grounds, he approached the civil court seeking the divorce on the ground of adultery. During the pendency of the suit, an amendment has been brought to the effect that she is living with K.P. Sharma as a wife without marriage in his government accommodation. He saw them