LINDA CONSTRUCTION EDWARDS Vs. WILLIAM EDWARDS

JUDGEMENT

(1.) Marriage between the parties who are Christians took place more than 25 years ago. Its dissolution has been sought on the ground of cruelty coupled with adultery.

(2.) It is alleged that right from day one respondent No. 1, i.e. the husband started exhibiting symptoms of cruelty, apathy and lack of interest towards the petitioner and somehow or other the petitioner pulled on with the marriage till the year 1978 in the hope that the respondent No.1 may change. The impression of the petitioner was that the problems of his character may be due to temperament and not a basic trait of his character that may be incorrigible or unchangeable. That off and on the respondent No.1 used to come home fully drunk and indulged in physical beatings. However, when alt efforts failed, the petitioner found that respondent No.1 was psychologically ill and has maniac traits right from his childhood and his character is unsuitable for a marital life and so much so the doctors, psychologists and priests have advised him not to enter into a marital life but the respondent No.1 played a fraud upon the petitioner and obtained her consent. In spite of the fact that two children were bom to the petitioner during the three years, of their joint stay the respondent No.1 developed hatred towards her and stopped having intercourse with her and rather spurned and rejected the advances and offers sometimes fiercely and sometimes in most hateful manner from 1978 to 1980. It is further alleged that during 1978 - 1980 respondent No.1 used to beat the petitioner almost daily and also used to remain absent from home continuously for 2-3 days without any reason or intimation.

(3.) On making inquiries through friends and relatives the petitioner came to know that respondent No. 1 was having illicit relationship with woman of bad character named Ms. Sonia residing in Paharganj area. When she objected to respondent No.1's conduct and absenteeism and cruel behaviour towards the petitioner and his adulterous affairs he became violent and threw the petitioner and children out of matrimonial home. However, the repeated entreaties did not find favour and he refused to accept the petitioner and children back to matrimonial home. Being compelled by the circumstances she undertook a job for her survival as also for survival of the children.