LAWS(KAR)-1988-12-26

JOSEPH DSOUZA Vs. PRESCILLA RODRIGUES

Decided On December 09, 1988
JOSEPH D'SOUZA Appellant
V/S
PRESCILLA RODRIGUES Respondents

JUDGEMENT

(1.) This matter coming up for orders on I.A.No.11, revision petition itself is taken up for hearing by consent of. Counsel for parties and disposed of by following order.

(2.) The learned Counsel appearing for the parties have been heard. The facts are these:- Petitioner Joseph D'Souza filed a petition under Section 22 of the Indian Divorce Act seeking decree for judicial separation inter alia on the ground that the respondent - Prescilla Rodrigues had left him since 24-10- 1983 and despite a number of attempts made by him, she had not rejoined his company as his legally wedded wife. He also alleged that he issued a registered notice through his Counsel which also did not yield any result. Therefore, he presented the petition seeking a decree for judicial separation. From the averments in the petition, it is clear that the petitioner and respondent lived as husband and wife only for a period of 5 months.

(3.) The petition was opposed by the respondent justifying by reasons for leaving the company of her husband. The details of the stand taken in the objection statement need not be gone into by this Court. It suffices to state that parties went to trial on several issues and both sides have closed their case.