JACOB MATHEW Vs. MAYA PHILIP ALIAS ANNAMA

JUDGEMENT

(1.) This petition is filed by a Christian husband under S.10 and 34 of the Indian Divorce Act for dissolution of his marriage with the 1st respondent on the ground of her adultery after the marriage and for compensation of Rs. 2.5 lakhs as damages from the 2nd respondent for the adultery committed by him.

(2.) The petitioner has also filed C.M.P. 12768/ 97 for custody of the minor child from the 1st respondent.

(3.) It is the common case that the petitioner and the 1st respondent belong to Syrian Christian community of Roman Catholic Sect and their marriage which was an arranged one was solemnized on 16-9-1990 at Vimalamatha Church, Kadalikkad according to Christian rites and ceremonies and after marriage they have been living together in the house of the petitioner. It is also admitted that a child was born in the wedlock on 9-8-1991 and after delivery the 1st respondent joined the petitioner at his residence in Thevara in early October, 1991. It is also the common case that difference of opinion developed between the petitioner and the 1st respondent thereafter and from 5-1-1992 onwards the petitioner and the 1st respondent have parted the company and have been residing separately.