LLOYED DSOUZA Vs. MAMATHA REBELLO

JUDGEMENT

(1.) This appeal under Sec. 55 of the Indian Divorce Actm 1869, has been filed against judgment and decree dtd. 22/8/2013 passed by the Family Court in M.C.No.29/2011 by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty, desertion and adultery, has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 1/1/1995 at Valencia Church, Mangalore. At the time of marriage, the appellant was employed as a Manager in a Cinema Theatre at Udupi. After the marriage, the respondent joined matrimonial home and from the wedlock, a son namely Malcolm Mallone D'Souza was born on 10/11/1995.

(3.) The appellant filed a petition seeking dissolution of marriage on the ground of cruelty, desertion and adultery on or about 3/1/2008. In the petition, it was inter alia pleaded that on 19/6/1996, when the son of the parties was very sick, in the absence of parents of the appellant and without informing the appellant, the respondent called her father and took away all the jewellery and belongings and left the house of the father of the appellant. It was pleaded in the petition that the respondent was seen in a Maruti car several times with one Mr.Sharath. It was averred that the respondent joined the matrimonial home in the year 1999 on easter. It was further averred that without consent of the appellant, the respondent changed the name of the son and was leading an adulterous life. It was also pleaded that the respondent was having an affair with one Alwyn Rego and one Sharath. It was pointed out in the petition that the appellant has been able to lay hands on the letters exchanged between the wife of the appellant and aforesaid Alwyn Rego.