HENRY FERNANDES Vs. SUCCORINHA FERNANDES

JUDGEMENT

(1.) BOTH these suits have been referred to this Division Bench by the Honble the Chief Justice. The issue we have to answer is;

(2.) THOUGH the issue of law referred to this Court is the same in both the cases, the facts are marginally different. It would be necessary to indicate the facts very briefly. In M. J. Petition No. 318 of 1998 the parties are Christians and a marriage was solemnized on 4th May, 1983 at St. Annes Church, Bombay in accordance with Christian Rites and Ceremonies. On 13-08-1986 a male child named Jude Fernandes was born to the couple. On 30-03-1991 a female child was born to the couple. Differences arose between the husband and wife and a number of incidents have been pleaded which, according to the petitioner husband, amount to cruelty. The petitioner brought M. J. Suit No. 318 of 1998 before this Court under section 10 of the Indian Divorce Act, 1869 praying for a decree of divorce between himself and respondent on the ground that the respondent is guilty of cruelty as contemplated under section 10 of the Indian Divorce Act, 1869 (hereinafter referred to as "act" ).

(3.) IN M. J. Suit No. 7132 of 1999 the husband and wife are both Christians and were married in accordance with Christian Rites and Ceremonies at Bombay on 03-02-1991. A female child is born of the marriage on 9-10-1992 named Samantha. A number of incidents took place between the husband and wife which are alleged to amount to cruelty. Based on the said instances, the petitioner husband has brought M. J. Suit No. 7132 of 1991 under section 10 of the Act seeking a decree of divorce dissolving the marriage between him and the respondent on the ground of cruelty under section 10 of the Act.