Heard learned counsel for the appellant and learned counsel for the respondent No.1. The respondent No.2 has not appeared in spite of notice issued to her.
2. The appellant is aggrieved by the Judgment and Decree dated 10.08.2016 passed in Matrimonial Suit No. 361 of 2011, whereby, the suit filed by the respondent No.1 in the Court below for dissolving the marriage between the respondent No.1 and the respondent No.2 herein, on the ground of adultery and cruelty, has been decreed by the Court below.
3. The appellant, herein, was the respondent No.2 in the Court below, with whom, it was alleged by the petitioner husband, that the respondent wife was in adulterous relationship.
4. On the basis of the evidence brought on record by the petitioner and the respondent No.1-wife in the Court below, the suit was decreed in favour of the petitioner husband.
5. We have inquired from office and the office report shows that the respondent wife has not filed any appeal in this Court, aggrieved by the impugned Judgment and Decree.
6. The impugned Judgment also shows that though the appellant had filed his written statement in the Court below, but he did not adduce any evidence in the Court below, either oral or documentary.
7. Learned counsel for the appellant has submitted that the impugned Judgment is a stigma on him, as while deciding the Issue No.3, the Court below has held, that on the basis of the evidence, the petitioner had been able to establish that the respondent Nos. 1 & 2 (in the Court below), had committed adultery and as such, the petitioner was successful in proving the allegation of adultery. Learned counsel further submitted that though the appellant in his written statement had denied the allegation of adultery, but this finding given by the Court below is a stigma on him. Learned counsel accordingly, submitted that the impugned Judgment cannot be sustained in the eyes of law, so far it casts stigma on the appellant.
8. Learned counsel for the respondent No.1 has opposed the prayer.
9. Having heard the learned counsels for both sides and upon going through the impugned Judgment, we find that though the appellant, upon notice, had appeared in the Court below, and had also filed his written statement in the Court below, but he did not adduce any evidence in support of his claim.
10. In view of the fact that the appellant did not adduce any evidence in the Court below, having full opportunity for the same, we cannot interfere in the Judgment and Decree passed by the Court below, which has been passed upon considering the evidence brought on record by the petitioner and the respondent No.1 in the Court below, and as such, we do not find any merit in this appeal filed by the appellant.
11. This appeal is accordingly, dismissed in the admission stage itself.
