SILVANCE FRANKLIN BARIA Vs. ELIZABETH DAVID HENDRY

JUDGEMENT

(1.) This is a petition u/S. 10 of the Indian Divorce Act, 1869 moved by the petitioner - husband against the respondent no. 1 - wife, joining the respondent no. 2 as alleged adulterer. Short facts on the basis of which this petition has been moved may briefly be noted :-

(2.) The marriage of the petitioner and the 1st respondent was solemnized according to the Christian law on 4/11/1995. There is no child out of the said marriage. The parties could not live together for more than a year and in October/November 1996 their relations got strained with the result that they were required to live separately from each other. It is the petitioner's case that thereafter on or around 2/11/1998 the respondent no. 1 got married with respondent no. 2 and on account of that occasion it is further the case of the petitioner that the respondent no. 1 is guilty of adultery.

(3.) The petitioner has, therefore,prayed for obtaining decree of dissolution of his marriage with the respondent no. 1 solemnized on 4/11/1995.