SANTHAMMAL Vs. S THANGARAJ

JUDGEMENT

(1.) A decree nisi for dissolution of marriage obtained by the petitioner--wife--under Section 10 of the Indian Divorce Act, comes up before us for confirmation under Section 17 of the said Act.

(2.) The matter arises in this way: The petitioner was married to respondent on 23-6-1961. Their married life did not turn out to be happy. It looked as though, they married only to quarrel. Not a day passed without abuse from the respondent. The petitioner, however, thought that that woula be a passing phase and the birth of a child may bring happiness to the family. She gave birth to a child on 10-6-1962. It was in her parents house. But unfortunately, the respondent did not even once turn up to look at the face of his child. In spite or this indifference, the petitioner along with the child came back and joined her husband somewhere in the beginning of 1963. This time also she did not receive any better treatment. After a couple of months, she was driven away with the child only to find solace with her parents.

(3.) The petitioner was anxious to find out the reason for the hostile attitude of her husband. She succeeded In her mission on 18-7-1967 on which day, she found her husband in the company of one Kanthamani in the latter's residence. On the same day, there was a panchayat in which Shanmugam P. W. 2 and Shivalingam P. W. 4 were present. The Panchas discussed about the behaviour of the respondent and came to the conclusion that the respondent has committed adultery with the said Kanthamani. But they could not take any action either to mend his hostile attitude towards the petitioner or to end his illegitimate connection with Kanthamani.