ALICE RAJ Vs. ANTHONY RAJU

JUDGEMENT

(1.) This reference is under S.17 of the Indian Divorce Act, 1869, for confirmation of a decree nisi for dissolution of marriage of the petitioner-wife with the respondent.

(2.) The petitioner was married to the respondent on 19-6-1963 at St. Theresa's Church HMT Colony, Bangalore City. After the marriage, they lived at one of the quarters allotted to the petitioner's father who was then employed at the Watch Factory at the, HMT Colony. On 4-4-1964, the petitioner gave birth to a male child. Thereafter they moved with the child to a rented premises at Chamarajapet, Bangalore City. There the trouble started for the petitioner. Her life became miserable due to the quixotic behaviour of the respondent who used to return home always fully drunk and beat the petitioner. Unable to bear this ill-treatment she returned to her parents house in October, 1966. The respondent perhaps felt happy and for more than three years upto April, 1970 he did not care to look at her or his child . Against this background, the petitioner was forced to file a petition under S.10 of the Act praying for a decree for dissolution of her marriage primarily on the contention of ill-treatment and desertion and also on a vague allegation-that the Respt. was spending his money on some women not kpwn to her.

(3.) The respondent did not contest the proceedings. The wife has examined herself as PW.1 and has also, examined her mother as PW.2. The learned Dist. Judge on considering this evidence, accepted the petitionar's case both in regard to cruelty and also desertion. Accordingly, he granted a decree nisi for dissolution of her marriage and referred the matter for confirmation and that is how the matter is now before us.