GRACY Vs. CLEETUS

JUDGEMENT

(1.) The wife filed this O.P. for declaring her marriage with the respondent as null and void or, in the alternative, for dissolution of the marriage. It was alleged that the marriage between the petitioner and the respondent was solemnized on 31.12.1986 at the St. Antonys Church, Kannamaly, in accordance with the religious rites of the Christian community. A child was born to them in the wedlock. Later the petitioner left for Gulf country seeking employment and used to visit only once in two years. During her return she was illtreated and assaulted by the respondent. Later it was revealed that the respondent was living with another lady. So the petition was filed for declaring the marriage null and void on the ground of fraud in obtaining the consent of the petitioner or, in the alternative, for dissolution of the marriage.

(2.) Though the respondent entered appearance, no counter was filed.

(3.) Later, the parties filed a joint petition C.M.P. 57169/2001 for dissolution of their marriage on mutual consent under S.10A of the Divorce Act. The petitioner and the respondent were examined before this court. Both of them had given evidence that they were residing separately for more than two years and there is no possibility of any reprochment and a decree for divorce has to be granted on mutual consent. I find no collusion between the parties and as such the joint petition can be allowed.