CONCEICAO FERNANDES Vs. MILAGRES FERNANDES

JUDGEMENT

(1.) This First Appeal is directed against the Judgment and Decree dated 22nd December, 2000 passed by the civil Judge, S. D. , Ponda in Matrimonial Civil suit No. 10/2000/a whereby the said Court dismissed the suit for divorce and dissolution of marriage filed by the present appellant.

(2.) Conceicao Fernandes and milagres Fernandes are the parties to the litigation. They are wife and husband. Their marriage was solemnised in the Office of the civil Registrar of Quepem on 14th May, 1994 in the Marriage Registration Book. According to Conceicao (wife) , before the marriage, she made representation to Milagres (husband) that it would not be possible for her to stay at assolna, Quepem where he resided as that house was very small and occupied by other family members and there was no separate room for them to stay. She requested Milagres that after marriage they should live together in the house of the plaintiff s mother at Digas, panchwadi. As per the said agreement, after the marriage was celebrated, both of them started living in the house of the mother of the plaintiff. However, after few days of the marriage disputes arose between the parties. Milagres would come to the house under the influence of alcohol and harass her. It is the case of Conceicao that having got the employment, she went to England in the month of July, 1994. She had to visit Goa in the month of November, 1994 as her mother reported that milagres was harassing her. During her stay from November, 1994 till December, 1994, milagres illtreated her and her mother to such an extent that it became unbearable. She returned to England in the month of December, 1994. In the month of May, 1995, Milagres left the house at Digas, Panchwadi. When she came back to Goa, she tried to settle the matter amicably but without any success. Conceicao alleged that her husband illtreated her and caused injuries to her body. According to her, in the month of May, 1995, her husband permanently left her company and abandoned her. In the backdrop of these facts, she claimed lor decree of divorce and dissolution of marriage.

(3.) Milagres filed written statement and traversed the allegation made in the plaint. He averred that after the marriage both of them started residing in the matrimonial house at assolna. It was after the marriage that his wife represented to him that she was having a house at Digas, Panchwadi and that belonged to her and her mother exclusively and that they should reside there and, accordingly, they started residing at Digas, Panchwadi. According to Milagres, he was humiliated and harassed by his wife's brother. His wife left for England in the month of July and she returned back in the first week of December, 1994 and left for England on 26th December, 1994. He admitted that he left the house at digas, Panchawadi in the month of May, 1995. But that he did on account of ill treatment and humiliation of Conceicao's brother. Milagres alleged that though Conceicao returned from england on 4-6-1995 but she did not contact him nor did she join matrimonial house at assolna. Milagres averred that he had always been ready and willing that his wife stayed with him, but to the contrary she left the matrimonial house. He denied any illtreatment to the wife. He, therefore, prayed that his wife was not entitled to a decree of divorce and dissolution of marriage.