MARGARET PEREIRA Vs. GERALD CASTELINO

JUDGEMENT

(1.) The appellant is the aggrieved wife, whose marriage with the respondent has been dissolved by the Family Judge, D.K. Mangalore, by a decree of divorce in M.C.No.3/2011 vide judgment dated 29.8.2011.

(2.) The parties are Roman Catholic Christians and are governed by Indian Divorce Act, 1869 (hereinafter referred to as 'the Act'). Their marriage was solemnized on 27.12.1995 as per custom prevailing in their community. The husband filed a petition under Section 22 of the Act for judicial separation in M.C.No.16/1999 on the file of Civil Judge (Sr.Dn.) Udupi. The wife filed a petition under Section 32 of the Act for restitution of conjugal rights in M.C.No.49/1999 before the very same Court and also filed an application under Section 32 of the Act, in the petition filed by the husband for judicial separation. She sought interim maintenance by filing an interim application.

(3.) Subsequently, the case came to be transferred to the Civil Judge (Sr.Dn.), Mangalore. Both cases were clubbed. Two witnesses were examined for the husband and the wife was the sole witness in her case. Subsequently, after establishment of the Family Court, the cases were transferred to the concerned Family Court.