MARY JULIET RANI Vs. S SELVARAJ

JUDGEMENT

(1.) These papers are placed before us for confirmation as required under Section 17 of the Indian Divorce Act. The petitioner in this case is the wife. According to the statement made in the petition, the marriage between the petitioner and the first respondent took place on 16-6-1982 at Christ Church, Pugalur, Karur Taluk. After the marriage, the petitioner and the first respondent lived as husband and wife only for fifteen days at Pugalur. The first respondent has not evinced any interest in the marriage that took place on 16-6-1982, and it was made known that he married the petitioner out of compulsion of his parents. The first respondent, on one occasion, attempted to strangulate the petitioner in the presence of her father. After that, the first respondent deserted the petitioner on 1-7-1982 without any reasonable cause or excuse and he has been living separately. The petitioner came to know later on that the first respondent was living with the second respondent, and through the second respondent, the first respondent got a child. On the basis of the allegations, the petitioner claimed that the first respondent is guilty of adultery as well as cruelty, and, therefore, she is entitled to a decree for dissolution of the marriage.

(2.) Though notices were served on the respondents, they remained ex parte.

(3.) In the Court below, the petitioner examined herself as P.W. 1, and one Arun Vijayakumar was also examined as P.W. 2. Both gave evidence to substantiate the allegations made in the petition. In addition to the oral evidence, documents, Exts. P-1 to P-4 were marked, to support the statements made in the petition. The Court below, on the basis of the pleadings, evidence and arguments advanced before it, held that without any reasonable cause the first respondent has committed cruelty and also was living in adultery with the second respondent. It was also found that the first respondent got a child through second respondent. In view of all these uncontroverted materials and evidence, the Court below granted dissolution as prayed for under Section 10 of the Indian Divorce Act.