DAVID C.ARUMAINAYAGAM Vs. GEETHA C.ARUMAINAYAGAM

JUDGEMENT

(1.) THIS application is for direction to the respondent to hand over and settle the immovable property of Plot No. 1151 First Block Lane 33, Anna Nagar, Madras measuring one ground and 975 sq. ft. in the names of the two daughters of the applicant and the respondent-Sumangala born on 18-3-1973 and Suganya born on 17-9-1974.

(2.) THE Original Matrimonial Suit No. 19/93 has been filed by the appli­cant herein against the respondent under Section 10 of the Indian Divorce Act for dissolution of his marriage with the respondent on the ground of adultery. Applicant is a Christian, Indian citizen resident in India and is presently employed as Professor of Medicine at the Annamalai University at Chidam­baram. Respondent who is also a Doctor was a Hindu and had converted to Christianity prior to her marriage with the petitioner which was solemnised at the St. Mathais Church, Vepery Madras on 20th May, 1971, has reverted to her original religion, and though still an Indian National is now stated to be domiciled in England.

(3.) THE applicant however relying on Section 39 of the Indian Divorce Act, contends that the property belonging to the wife may be directed by the Court to be settled on the children of the marriage when a decree for dissolu­tion of marriage is made on the ground of adultery of the wife, and therefore, even if the property is the exclusive property of the respondent, the Court can direct that the property be settled on the children of the marriage.