SESAMMA PHILLIP Vs. P PHILLIP

JUDGEMENT

(1.) These are two petitions for the transfer of two criminal cases filed against the petitioner Mrs. Sesamma Phillip in the Court of the Additional District Magistrate, Durg, Madhya Pradesh, to a competent Court at Delhi subordinate to the High Court of Delhi.

(2.) The petitioner had joined as a Staff Nurse in the Safdarjung Hospital, New Delhi, in the year 1962 and has been working there since them. On April 23, 1967 she married one Mr. P. Phillip who was employed as a Junior Supervisor in the Bhilai Steel Plant in the Tehsil and District of Durg, Madhya Pradesh. They lived together at their native place after marriage for about a month and during that period the petitioner became pregnant. The husband then left for Bhilai and the petitioner came to Delhi in June, 1967 to join her duty. In December, 1967 the husband came over to Delhi for a few days and on January 10, 1968 the petitioner gave birth to a son at Safdarjung Hospital, New Delhi. After that the husband again came and lived with the petitioner till April, 1968.

(3.) Sometime later, the petitioner learnt from a close family friend that her husband Mr. Phillip had been keeping a concubine name Kunjamma in his house at Bhilai. The petitioner went to Bhilai with her son with a view to dissuade her husband from following a wong course since ultimately that would wreck their marriage and affect the future of the child. She tried both personally and through their friends and relations to persuade him to give up the concubine, but Mr. Phillip refused and asked her not to interfere with his private life.