RAJU Vs. ELSAMMA

JUDGEMENT

(1.) This Court by judgment, dated 18th September 2000 passed a decree nisi dissolving the marriage between the petitioner and the respondent, which was solemnized on 19th July 1990 at St. Johns Baptist Church, Vadakara. The petitioner has now filed this petition for making the decree absolute before the expiry of six months. He seeks relaxation of the period of six months on personal grounds. From April 1991 onwards the petitioner and the respondent were living separately.

(2.) The first respondent / wife filed a petition for judicial separation in O.P. 13272/95 before this Court alleging impotency and cruelty against the petitioner. That petition was dismissed, against which she filed an appeal in M.F.A. 1364/97. That was also dismissed. During the pendency of the appeal, the first respondent / wife contracted a second marriage with one M.P. Poulose, the second respondent herein under the Special Marriage Act on 5th September 1998. On coming to know of this, the petitioner filed the above original petition on the ground of adultery committed by the first respondent with the second respondent. That petition was allowed on 18th September 2000.

(3.) It is submitted for the petitioner that all along he remained unemployed due to the disruption of the family life and due to the pendency of the divorce proceedings. He tried to get an employment in Canada through one of his relatives and secured an offer of employment in Canada. Therefore, he has filed an application in the Canadian High Commission at New Delhi. Based on his application he underwent a Medical Examination and got cleared in the Medical Checkup. As per the conditions stipulated by the Canadian High Commission, the results of medical examination are valid only for 12 months from the date of examination. He has produced Annexure I, a copy of the communication received by him. If all the formalities are not completed within one year, his application would lapse.