MARLE DOS SANTOS BRAGANZA Vs. ALDINO SANTOS BRAGANZA

JUDGEMENT

(1.) THIS first appeal is filed by the appellant/original defendant/wife being aggrieved by the judgment and order dated 30th March, 1999 passed by the IInd Addl. Civil Judge, Senior Division, Mapusa in Special Civil Suit No. 85/91/a/ii whereby the suit of the plaintiff/husband/respondent herein came to be decreed and the marriage of the plaintiff and the defendant was ordered to be cancelled by a Decree of Divorce.

(2.) A few facts, which are required to be stated, are as follows : the original plaintiff Aldino Santos Braganza got married with the original defendant Marle Dos Santos Braganza on 19-4-87. Out of the wedlock, one male child by name Armando was born on 16-3-1988. The plaintiff was resident of Assagao and was staying in his ancestral house, while the defendant at the time of filing of the suit was residing at Verla, Parra. The plaintiff was working abroad and was periodically coming to Goa.

(3.) THE case of the plaintiff is that the defendant left the conjugal domicile of Assagao in the month of February, 1991 and started staying at her mothers place. On 2-4-1991, the defendant came to the house of the plaintiff to take her articles from the cupboard, of which she had key. On 5-4-1991, she again came to the house of the plaintiff at about 5. 30 p. m. and went straight in the bedroom without talking to the plaintiff. The defendant opened the cupboard and started collecting her articles. The plaintiffs made inquiries as to why she had not brought their son. The defendant, on this, stated that she would never bring him home. The plaintiff then asked the defendant not to take anything. Thereafter, the defendant/wife slapped the plaintiff on his face and took away articles. In the balcony, the defendant again slapped the plaintiff for the second time, threw his glasses down on the floor and tried to kick the plaintiff, however, one Prabhakar Gad (P. W. 2) who was the servant of the plaintiff, came forward and intervened. At the relevant time, one Carmita DSouza (not examined), Florinda DSouza (P. W. 3) and Mr. Alex DSouza (not examined) were present, apart from Prabhakar Gad. The case of the plaintiff, therefore, is that the defendant had ill treated the plaintiff in the past also. The present suit came to be filed by the plaintiff on 22-4-1991 praying that a decree of divorce be granted to the plaintiff on the ground of ill-treatment given by the defendant to the plaintiff. Thereafter, the plaintiff filed an application for amendment of the plaint by inserting paragraphs 13-A, 13-B and 13-C, which was accordingly allowed by the trial Court vide order dated 3-7-92. The plaintiffs case is that after filing of the suit, the plaintiff received a registered A/d letter dated 7-5-1991 from the defendant through her Lawyer, in which it was stated that during the absence of the plaintiff from Goa, the mother and elder spinster sister Pramila started ill-treating the defendants ; that Pramila stopped as law as to write anonymous letters to the plaintiff by making false allegations against her, concerning her family background, mental illness, education etc. Some reference to alleged illicit relationship by the plaintiff somewhere in gulf countries also was made by the defendant in the said letter. The amendment was made in view of this letter dated 7-5-91. The contention of the plaintiff is that in view of this additional ground and also in view of the fact that the defendant had been ill-treating the husband, the marriage with the defendant be dissolved by a decree of divorce.