ASHA GOMES Vs. ARTHUR GOMES

JUDGEMENT

(1.) HEARD Mr. Rego for the appellant. None is present for the respondent, though he has been served. This appeal seeks to challenge the judgment and order passed by the Family Court, Mumbai dated 23rd August, 2001 in Petition No. A-1135 of 2000. The appeal was admitted on 23rd October, 2001 and the hearing was expedited. The record of the proceedings from lower Court is received thereafter and the appellant has filed paper book.

(2.) WHEN the matter reached for final hearing before this Bench, Mr. Rego, the learned Counsel appearing for the appellant, pointed out that the respondent had remained absent though served in the family Court also. The appellant herein had filed the above referred Matrimonial petition, seeking divorce under the provisions of section 10 of the Indian Divorce Act, 1869 on the ground of cruelty, as interpreted by the Full Bench of this Court in (Pragati Varghese v. Cyril George Varghese), reported in 1997 (4) Bom. C. R. (O. O. C. J.)551 : 1997 Bom. C. R. (Cri.) (O. O. C. J.)918 : 1997 (3) Mh. L. J. 602. It is the case of the appellant that the appellant was treated with such cruelty that it was impossible for her to continue her married life with the respondent.

(3.) THE appellant was Hindu by birth though she and the respondent got married as per Christian religious rites on 16th April, 1994. It was a love marriage. The appellant and the respondent had met each other when they were doing the course of travel and tourism and thereafter they decided to marry. After the marriage, they lived together till end of October, 1998 when the appellant was constrained to leave the matrimonial home due to the cruel treatment. There is no issue from this marriage.