GRACE JAYAMANI Vs. E P PETER

JUDGEMENT

(1.) This reference under S. 17 of the Indian Divorce Act. 1869 is by the District Judge. Dakshina Kannada, Mangalore in Matrimonial Case No. 3 of 1979 on his file.

(2.) Smt. Grace Jayamani presented a petition to the District Judge. Dakshina Kannada. Mangalore. under S. 10 of the Indian Divorce Act for dissolution of the marriage of the petitioner with the respondent, Sri E. P. Peter and for grant of a decree of divorce. She averred in the petition thus: The petitioner and the respondent belong to Protestant Christian community and profess the said religion. They were married on 4-11-1971 at Shanthi Cathedral, Balmatta, Mangalore, according to the customs prevailing in their community. From the date of the marriage, according to the petitioner, her life with the respondent has been one of misery, brutality and cruelty. The Respondent, husband has been forcing her for sexual intercourse in an unnatural way. His treatment to her is one of brutality. Even when she was suffering from fever and even during the menstrual periods, respondent would not give her any respite with repeated acts of sex all through the night. Whenever she refused the demands in sexuality of the respondent, she was beaten. In the circumstances, she had no alternative except to approach the Court of the District Judge for judicial separation under S. 22 of the Act. The Court granted the said relief in M. C. No. 3 of 1976 m 29-1-1977.

(3.) By an amendment, she has further averred in the petition that her husband has been inflicting sodomy on her in the sense that he has been forcing carnal copulation with her per anus and per os Thus, she prayed for a decree for divorce under S. 10 of the Act.