IVRAN J SALDAAHA Vs. BARBARA

JUDGEMENT

(1.) IN 1983 the respondent-wife filed a petition under Section 22 of the Indian Divorce Act 1869 in the Court of the district Judge, Pune, seeking judicial separation from her husband, the appellant herein. She also prayed for permanent alimony for herself and custody of her minor son. Consequent upon the enactment of the Family Courts Act, 1984, the petition was transferred to the Family Court at Pune which allowed the petition by granting the reliefs sought for and further directing monthly payment of a sum of Rs. 400 by the appellant for maintenance of the minor son. Aggrieved thereby, he has filed the instant appeal.

(2.) FACTS which are not in dispute are as under :-The parties hereto, who profess Christian religion, were married according to Roman Catholic rites on October 30, 1976 and out of their wedlock a son was born on September 6,1977. Since their marriage the parties were living together at Surat until 1978, when the appellant left for Muscat and took up a job there. The respondent and their minor son however stayed back at Pune till September 1981 when they also left for Muscat to join the appellant. However, the respondent and the minor son came back to India in august, 1982 and thereafter filed the petition.

(3.) ACCORDING to the respondent, since her marriage she was all alone being treated cruelly by her husband and that she was compelled to come back to India owing to torture meted out to her and her child by her husband.