B Vs. S

JUDGEMENT

(1.) The Petitioner got married with the respondent on 16.1.1995 at Vimalagiri Cathedral Church, Kottayam as per the Christian rites. They belong to Roman Catholic Syrian Christians (Knanaya) Community. Their marriage was arranged by their parents. Petitioner is employed as Staff Nurse in Saudi Arabia, whereas the respondent is employed in the United States of America. After marriage, they lived only for 6 days. The petitioner submits that the respondent was too cruel towards the petitioner in compelling her for unnatural sex. To concede to his unnatural lust the respondent had even inflicted physical assault and caused injuries. On 18.1.95 and 19.1.95 such incidents took place. Therefore, the petitioner states that she had been subjected to cruelty by her husband. Therefore, this petition has been filed under S.18 and 10 of the Indian Divorce Act, 1869 to declare the marriage null and void or in the alternative seeking a decree for dissolution of their marriage. The petitioner at present does not press her case under S.18 of the Indian Divorce Act. The petitioner is pressing her claim under S.10 on the basis of cruelty and sodomy.

(2.) The only issue arises, thus, in this case is whether the respondent had committed cruelty and sodomy on the petitioner.

(3.) The petitioner has averred in her petition as follows: