JAYANTI SHANTARAM GAONKAR WIFE OF SHANTARAM RAGHU GAONKAR DAUGHTER OF SONU GAONKAR Vs. SHANTARAM RAGHU GAONKAR MAJOR

JUDGEMENT

(1.) THE appellant - the original defendant in Matrimonial Civil Suit No.14/2003/A is assailing the judgment and decree of divorce dated 8th June, 2006 granted by the learned District Judge, South Goa in the Regular Civil Appeal No.98/2005 preferred against the judgment and decree dt. 28th July, 2005 dismissing the said suit for divorce under Article 4(5) of Law of Divorce Portuguese Civil Code instituted by the respondent herein.

(2.) THE parties hereto at the end of their love affair lasting over a decade entered into matrimonial alliance despite opposition of the plaintiff's family members on 7th September, 1994 as per the Portuguese Civil Code before the Civil Registrar of Sanguem. According to the respondent/plaintiff, the appellant, regardless of the fact of setting up a separate matrimonial home in the rental premises in order to avoid any inconvenience to her in his parental house and his efforts to bring her back on several occasions from her parents' residence, completely abandoned the conjugal domicile and deserted him without any prior intimation at the end of July 1995; and further failed to favourably respond to his verbal request and legal notice dated 15th August, 1997 to join him.

(3.) THE learned Civil Judge, S.D., Quepem framed the following issues: