RICHARD GONSALVES Vs. TRESSY MENEZES

JUDGEMENT

(1.) This appeal by the appellant/husband is directed against the impugned judgment and decree dated 31/08/2012, passed in M.C. No. 368/2011, by the Judge, Family Court, Mangalore, wherein, the petition filed by him U/s. 10(1)(x) of the divorce Act has been dismissed.

(2.) It is the case of the appellant/husband that, appellant and respondent/wife are Indian Christian by religion. Their marriage was solemnized on 16/02/1995 at Valencia Church (St. Vincent Church), Mangalore. The said marriage was registered in the register maintained in the said Church. After the marriage, appellant took respondent to his house at Jalgaon Maharashtra and was looking after her with great love and affection as a dutiful husband. Out of their wedlock, respondent has delivered a male child by name Ritesh Gonsalves, aged about 15 years and studying in 10th standard at Mangalore. After his return to Mangalore, he was living with respondent in Ron Castle Valencia Mangalore. Respondent joined St. Agnes P.U College as a Librarian for the past 7 years and thereafter, she deliberately neglected him and mentally harassed him and failed to discharge her marital obligation of legally wedded wife. She took hostile attitude towards the appellant by not serving food etc., and he suffered both mentally and physically and thereby made his life miserable.

(3.) Upon service of notice of the main petition, respondent has appeared before the Court and she has been permitted to take assistance of the legal practitioner. The respondent in her objections to the main petition has inter alia contended that the petition is nothing but a bunch of lies put together just to file a false case against her. The appellant has committed so many matrimonial misdemeanours that she is entitled for divorce, if she seeks it and not the appellant. She has admitted that the marriage between her and the appellant was solemnized on 16/02/1995 at Valencia Church (St. Vincent Church) Mangalore as per the customs prevailing in Christian community. But she has denied all other allegations made in the petition. She has denied that the he was looking after her with great love and affection by providing all comforts as a dutiful husband. She has admitted that, out of the wedlock, she has delivered a male child by name Ritesh Gonsalves who is now aged 15 years and he is studying in 10th standard in Mangalore.