DAUGLAS ANTHONY Vs. A. BHAKYAM SUSHIIA AND OTHERS

JUDGEMENT

(1.) The original petition is by the husband for dissolution of marriage on the ground that his wife the first respondent has deserted him and she is living with the second respondent and leading an adulterous life. The petitioner has given evidence on 22-1-1990 as P.W.1. The respondents remained ex parte. The petitioner in his evidence has clearly stated that the first respondent left the matrimonial home and she is living as the wife of the second respondent. An ex parte decree was passed.

(2.) On application by the respondents, the decree was set aside and once again the evidence of the petitioner was recorded or 1-10-1990. But the respondents remained ex parte again. In the evidence of P.W.1 he has stated that respondents 1 and 2 are living as husband and wife at Bangalore There is no cross examination of his evidence. In the circumstances, the Additional Principal Judge, Family Court, Madras, has accepted the evidence of P.W. 1 and has passed a decree for divorce. We do not find any infirmity in the order of the Additional Principal Judge, Family Court, Madras.

(3.) In the result, we confirm the decree for divorce passed by the Additional Principal Judge, Family Court, Madras. Order accordingly.