NOREEN JUDITH SANDHURST Vs. RAYMOND BERNARD SANDHURST

JUDGEMENT

(1.) This reference for confirmation under S. 17 of the Indian Divorce Act, 1869 (hereinafter referred to as the Act) is by the court of III Additional District Judge, Metropolitan City in Matrimonial Case No. 1 of 1980 on his file. The petitioner, Mrs. Noreen Judith Sandhurst made an application under S. 10 of the Act for a decree of dissolution of marriage and divorce on the following averments.

(2.) The petitioner and respondent -Raymond Bernard Sandhurst, husband of the petitioner, are Christian by religion and belong to Indian Nationality and domicile. Respondent married the petitioner on 2-4-1975 at Coonoor. The marriage was solemnised at the Mother of Perpetual Health Church, Mount Road, Coonoor. The marriage certificate is Ex. P. 1. Both the petitioner and respondent were working as teachers in Frank Anthony Public School at Bangalore, and after the marriage also they continued to work there. In May 1975, the petitioner and respondent went to Coonoor for a month's holiday by which time the petitioner had become pregnant and she was unwell. In June 1975, both the petitioner and respondent joined evening M. Ed. classes, The petitioner discontinued these classes because of her ill health. But the respondent continued alone and he never used to return home everyday from his classes before 9-30 p.m. The petitioner did not suspect the fidelity when her husband told her that he was attending the classes.

(3.) There was also another lady teacher by name Mrs. Shanthi Devi, teaching Kannada in Frank Anthony Public School with whom, according to the petitioner, her husband developed familiarity and intimacy. They were seen at Nandi Hills in October 1976 at about 7 p.m. in the company of each other. When Mrs. Shanthi Devi was staying in the quarters of Alembic Glass Factory at Whitefield in April 1976 and second half of 1977, respondent was seen at Whitefield on three occasions; around May 1977 at about 7-30 a.m., the second time was about 2 months later when he was again seen coming from the direction of the said quarters at about 6-15 p.m. and lastly, in the month of August 1977 at about 6-15 p.m. Thus the petitioner has averred in the petition that respondent is guilty of adultery with Mrs. Shanthi Devi between June 1976 and August 1977 and, in particular, in the month of October 1976 when they were seen alone at Nandi Hills.