EASMIE MUKUND LAL Vs. MUKUND LAL

JUDGEMENT

(1.) The case has come to us on a reference made by Additional District Judge under Section 17 of the Indian Divorce Act. In spite of notice having been served, there has been no appearance on behalf of the respondents.

(2.) Briefly, the relevant facts stated are that the marriage between the petitioner and the respondent No. 1 was solemnized at Delhi on 11th March, 1971 according to Indian Christian Marriage Act. For some time the couple lived happily and on 22nd December 1971 were blessed with a female child named, Sujata and on 3rd January, 1973 with another female child named Meenakshi. The husband-respondent no. 1, however, could not remain faithful to the petitioner-wife for long and developed illicit relations with one Karuna, the respondent no 2. On account of his having developed unholy alliances with Karuna his attitude towards the petitioning-wife becams indifferent, harsh and cruel. He used to beat her and made her life miserable on account of his involvement with Karuna.

(3.) Petitioning-wife is a nurse in T B. Hospital, Kingsway Camp, Delhi. Being a nurse, she was requised to be on shift duties. On some days she had to be on night duty. On 22nd October, 1986, she was on night duty. however, after finishing the same when she came to her house, she found the respondent husband sleeping with Karuna respondent no. 2 on the same bed. They were lying on the bed in a shameful way On being questioned. respondent-husband apologised and assured to mend his ways, but to her surprise be never changed. The act of adultery continued at her house which was witnessed by her as well as her daughters. She left the matrimontal home finding respondent-husband to be not faithful. Respondent-husband came to her on 18th February, 1987, felt sorry and assured her that in future he would be faithfully. On this assurance she went to the matrimonial home but on the very next day she found the attitude of the respondent-husband to be the same. He bad not changed and was still having adulterous relation with respondent no. 2. On her objecting she was beaten in the intervening night of 19th/20th March, 1987 and was tamed out from the house. These incidents gave rise to proceeding for divorce which the petitioning-wife made under Section 10 of the Divorce Act in the Court of Learned District Judge, Delhi, which application was registered as IDA No 532/88.