the fact of adultery. The mother of the applicant Smt. Koshilya Bai also admitted in her cross-examination that she had not visited the house one Kishan Banjare and many persons informed her that the applicant and one Kishan Banjare are living like husband and wife, therefore, the said witness also is a hearsay witness. Witness No. 3 Ghanaram Sav is not very definite. Initially in para 2 he stated that the applicant is roaming along with one Banjare but specifically denied that he does not know that the applicant living in whose house. Thereafter he changed his version and submitted that the applicant is residing along with one Banjare. Learned counsel further submits that thereby it is not proved beyond all probable doubt that the applicant is living in adultery, on the other hand, the applicant in her statement before the court below had not admitted it. Witness Pavan Tandan also supported her on the fact that she had not married to anybody and the applicant is living in a rented house. Witness Smt. Bugali Bai also has not said anything against the applicant thereby since it is not proved beyond all probable doubt that the applicant is living in adultery, the order passed by the court below may be quashed.
