VERMONICA BANUMATHI FRANCIS Vs. JOHN DURAISWAMI FRANCIS

JUDGEMENT

(1.) It is very interesting case, in which the parties have married admittedly three times. The petition is filed by the wife against her husband. According to the address given by the petitioner in the original petition, the respondent is living away in Sri Lanka. The petitioner has also stated that she was serving as senior Head Nurse in Muscat at the time of filing of the petition. According to the petitioner, she married the respondent in accordance with Hindu custom on 7-11-1985 at Thiruchi Kumara Vayalur temple. Again the petitioner converted into a Christian and got married in a Church at Ulsoor, Bangalore on 30-11-1985. For the third time, the parties chose to effect a marriage under the provisions of the Special Marriage Act on 13-12-1985 at Thiruchi.

(2.) It is seen from the records that the notice in the original petition had not been returned as served. A letter would appear to have been written to the District Judge by the respondent, which was mentioned by the District Judge on the docket of the petition on 7-4-1994. The endorsement made by the District Judge is,

(3.) Learned Counsel for the respondent has produced before us a copy of the letter dated 1-8-1993. According to the learned Counsel, the letter which was sent to the District Judge by the respondent is only the original of the letter and we find in the said letter that it is requested by the respondent specifically that in the event of any divorce petition being filed by the respondent's wife, a copy of the same shall be sent to him to the address mentioned in the letter. The address given in the letter is as follows :-