Divorce -- Adultery Proved by Circumstantial Evidence, Husband Away on Duty as Constable -- Illicit relationship of wife established, divorce granted
(i) Hindu Marriage Act, 1955, S.13(1)(i) -- Divorce on Ground of Adultery -- Proof by Circumstantial Evidence -- Dissolution of marriage on the ground of adultery can be granted only when sexual intercourse is proved. Since direct evidence of sexual intercourse is extremely difficult to obtain, adultery may be proved through circumstantial evidence. (ii) Hindu Marriage Act, 1955, S.13(1)(i) -- Divorce on Ground of Adultery -- Illicit Relationship Established Through Corroborating Complaint and Circumstances -- Where the wife of a third party lodges a complaint alleging an illicit relationship between her husband and the wife of the petitioner, and the petitioner, being a Constable in the CRPF, remains away from the marital home on duty and is able to visit only twice a year, the possibility of development of an illegal relationship by the wife cannot be ruled out. Such circumstances establish adultery for purposes of divorce.
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