BENSION JOSEPH HAYEEMA Vs. SHARON BENSION HAYEEMA

JUDGEMENT

(1.) THIS is an appeal by the husband - original petitioner - Bension Joseph Hayeema, whose petition for divorce has been dismissed by the Principal Judge, Family Court, Bombay on 7th March, 1992. The brief facts giving rise to the matrimonial dispute are as under:

(2.) ON 20th October, 1975, daughter named Florence was born. She is today 19 years of age and has just passed her B. Com. On 31st October, 1978 a son named Gideon was born, who is today 16 years of age and has recently passed his S. S. C. examination. It is alleged that from 1975 onwards, the relations between the spouses got strained. In 1977, the appellants sister Rebecca got married. For some time between 1977 to 1980, the appellant alleges that there was no cohabitation between him and his wife. However, the parties reconciled their differences at the intervention of their friends and cohabited in 1981 and 1982. In 1982 the appellants other sister Jerusha got married. In December, 1982, the relations between the spouses again got strained.

(3.) ON 30th December, 1982, the appellants Advocate wrote a letter at Ex. A-1 to the plaint to the respondents father at Simla suggesting a meeting for discussion of the matrimonial problems. On 14th January, 1983 Advocate for the respondents father replied by Ex. A-2 expressing his ignorance about the alleged differences between the spouses and stated that he had not received any complaint from his daughter regarding the alleged disputes. Again on 14th February, 1983 the appellants Advocate wrote to the advocate of the respondents father at Ex. A-3 reiterating his desire to obtain divorce on account of the alleged mental and physical cruelty to which the appellant was subjected by the respondent. A letter Ex. B-1 was sent by the appellants Advocate to the respondent herself on 9th April, 1983 suggesting a meeting for discussing the problem and a meeting did take place on 19th May, 1983. Another letter Exh. B-2 dated 30th May, 1983 was sent by the respondents Advocate to the appellants Advocate suggesting another meeting. Accordingly, a meeting took place on 23rd June, 1983 between the spouses and their Advocates as a result of which the spouses reconciled their differences and resumed cohabitation.