MARY STELLA Vs. ANANTHA SAKAYANATHAN

JUDGEMENT

(1.) THIS petition has come before us for confirmation of a decree nisi for dissolution of marriage passed by the learned District Judge, South Arcot, Cuddalore on O. P. 52 of 1966. The petitioner Mary Stella married the respondent Anantha sakyanathan under the Christian Marriage Act on 8-4-1958. Both the parties are indian Christians. They led a peaceful married life till May 1961. The respondent, a teacher, was transferred at that time to Panruti, while the petitioner who also appears to have been a teacher remained at Chidambaram. According to the allegations of the petitioner after the respondent left for Panruti he deserted her without reasonable excuse for more than five years and he also intimated through mediators that he would not return to his wife or take her to live with him on any account. On these allegations, she filed a petition before the learned District judge, South Arcot, Cuddalore for a decree for dissolution of marriage under section 10 of the Indian Divorce Act IV of 1869.

(2.) IN the lower court, the husband remained ex parte. The petitioner examined herself as P. W. 1. In the course of her evidence she repeated the same allegations as in her petition and the gist of it was that the respondent had deserted her ever since May 1961, and had steadfastly refused to take her back to live with him.

(3.) ON the above evidence the learned District Judge came to the conclusion that this is a fit and proper case for granting a decree nisi for dissolution of the marriage and he has referred the case to the High Court under Section 17 of the act for confirmation.