THANKAMMA JOSEPH Vs. P.T. JOSEPH

JUDGEMENT

(1.) This is a petition filed by the wife seeking a divorce from her husband, the respondent. The writ of summons having been served, the respondent caused an appearance to be filed. However, at the hearing today, neither the respondent and/or his advocate have remained present, nor is there any written statement filed on behalf of the respondent. In view of this, the petitioner's advocate has tendered an affidavit of service.

(2.) In support of her case, the petitioner has examined herself. Her evidence shows that both the petitioner and the respondent are Indian citizens domiciled in Bombay. That they were married in Bombay as per the Jacobite Syrian Christian rites on the 26th of Jan. 1976. That they thereafter cohabited together in Bombay at various places, and at times, she had to reside alone in hostels and/or at friends, whilst the respondent used to reside elsewhere. Her evidence also shows that a son was born of their wedlock. That the respondent took to heavy drinking and indulged in gross abuse and severe assaults endangering her life to the extent that she had to put an end to a couple of pregnancies in view of the danger caused to her person. That the petitioner put up with all this but finally had to with- draw from the matrimonial home along with her child to prevent further harm and injury to her person and that of her child.

(3.) Her evidence further shows that the respondent was having illicit relation with one Annamma Thonduparambil. That the petitioner protested at his conduct. That the respondent paid no heed and continued his illicit affair. Not only this, but the respondent also had affairs with other women whose names and addresses she has not been able to trace. In other words, her evidence shows that the respondent was and/is living in adultery. There is nothing on record to show that she has condoned any of the acts of the respondent.