LAUREEN JOSEPHINE MARIA ROBERTS Vs. DAVID EDWARD ROBERTS

JUDGEMENT

(1.) This is a petition filed by the petitioner, seeking a divorce from the respondent, who is her husband. The evidence of the petitioner shows that the petitioner and the respondent are Indian Christians. They were married on the 25th of April 1973 at Mangalore according to the rites of the Catholic Church. That by this marriage, they have 2 children, one being Calvin and the other being Dale. That the permanent address of both the petitioner and the respondent is at Andheri, Bombay. Her evidence also shows that both of them are presently working at Abu Dhabi. Her evidence also shows that after the marriage took place, the respondent has been having affairs with several women. That the petitioner had demonstrated with the respondent, but had only ended-up being severely assaulted. That as late as 13th April 1983, the respondent suddenly left Abu Dhabi. That on enquiries, the petitioner learnt that the respondent had travelled to Bombay with some girl. The petitioner followed them. That the petitioner went to the flat at Andheri, only to discover the respondent had nothing on him save and except a towel wrapped round his waist whilst the lady had tried to cover her nude self. That the petitioner remonstrated at the conduct of the respondent, but was again assaulted. The evidence of the petitioner shows that the marriage has broken down. That the respondent has lived in adultery with several women, and she has been able to trace only one name. The evidence of the petitioner also shows that she has been subjected to cruelty. In the result, the petitioner will be entitled to a decree nisi.

(2.) Insofar as the children are concerned, the evidence of the petitioner shows that the respondent has not taken any care to look after the children and in view of this, it will be in the fitness of things to hand over the custody of the children to the petitioner.

(3.) Insofar as the maintenance of the children is concerned, Mr. Salvi, the learned Counsel for the respondent has stated that the respondent agrees and gives an undertaking to Court through him to pay to the petitioner a sum of Rs. 24,000.00 per annum for the education and maintenance of the two children Calvin and Dale from the date of this order and will continue to pay the said amount until both the children attain the age of 21 years. That the respondent agrees and gives an undertaking to Court to pay to the petitioner a sum of Rs. 2,50,000.00 as permanent alimony and agrees to pay the same to her on the day when a decree absolute is passed. In view of this, the following order is made:- A decree nisi is granted to the petitioner. The custody of the children Is granted to the petitioner. The respondent will pay to the petitioner the said sum of Rs. 24,000.00 per annum from the date hereof till both the children attain the age of 21 years. As regards the respondent's undertaking to pay a sum of Rs. 2,50,000.00 as permanent alimony on the day when a decree absolute is passed, the same is recorded and liberty is reserved to the petitioner to obtain appropriate orders at that stage. There will be no order as to costs. Decree nisi ordered accordingly.