ASIS UBALDO RODRIGUES Vs. MARIA ASIS RODRIGUES

JUDGEMENT

(1.) THE Principal Judge, Family Court No. 2, Pune passed the judgment on 9th August, 1996 dissolving the marriage between the parties under section 10 of the Indian Divorce Act and has referred the matter to this Court for confirmation. This is how this civil reference has been placed before us.

(2.) ASIS and Maria got married on 24-1-1982 as per Christian religious rites at Pune. Out of the wedlock, three daughters were born. The matrimonial relationship between the parties got disturbed on diverse grounds. According to asis, Maria was suffering from some mental disorder prior to the marriage but that was not disclosed. Allegedly after few days of the marriage, Maria started quarrelling with Asis and also used to insult his old parents. Maria was taken to dr. Naik for her medical examination but she refused to co-operate. Maria left the matrimonial home on 24-8-1990 without telling Asis and without his consent. Asis alleged that Maria developed intimate relations with John Victor D'souza and was having illicit relations with him. In this backdrop, Asis prayed that the marriage solemnized between the parties on 24-9-1982 be dissolved and decree be passed.

(3.) THE notice was issued to Maria as well as John Victor D'souza. Despite service of notice, neither of them appeared. The petition was proceeded with ex parte and as noticed above, the Judge, Family Court ordered dissolution of marriage by his judgment dated 9th August, 1996 and made reference to this Court.