DOROTHY DUMING CARDOZ Vs. DUMING ANTHONY CARDOZ

JUDGEMENT

(1.) THIS is a suit filed by the Plaintiff for judicial separation and maintenance. The Defendant has been duly served but has remained absent. The suit came up today for ex parte decree. The Plaintiff is permitted to file an affidavit insupport of the Plaint. Even today, the Defendant is absent. No written statement is filed. Heard the learned Counsel for the Plaintiff.

(2.) THE Plaintiff and Defendant are Christians. They were married on 6th May 1981. The marriage certificate is Exhibit A to the Plaint. There are no issues to the marriage. According to the Plaintiff, she was living with the husband after the marriage. It is alleged that the Defendant's mother and sister were putting pressure on the Plaintiff to bring dowry amount of Rs. 10,000/-. Then both the Defendant's mother and sister were harassing and illtreating the Plaintiff. She used to be locked in her room occasionally. The Defendant took no steps to help the Plaintiff. It is alleged that on 14th April 1984, the Defendant's mother and sister mercilessly assaulted the Plaintiff. Then the Plaintiff's sister was informed and she came and took the Plaintiff to her residence and gave her medical treatment. It is also alleged that the Defendant used to go to the Plaintiff's sister's house in a drunken condition and used to abuse the Plaintiff and her sister. He was even making imputations against the Plaintiff alleging illicit intimacy with her brother-in-law. Since then the parties have not resided together. It is also alleged that the Defendant is working in the Bombay Housing Board at Bombay and earning a gross salary or Rs. 5,000/- per month. He owns a house at Lalbaug. He also earns Rs. 3,000/- per day from one social club namely, Richard Social Club which he is running. Though the Plaintiff was working formerly, she had to give up the job at the instance of the in-laws. Hence the suit is filed praying for a decree of judicial separation and for maintenance at the rate of Rs. 3,000/- per month.

(3.) TODAY the affidavit of the Plaintiff has been filed in support of the allegations in the Plaint. Section 51 of the Indian Divorce Act provides the mode of recording evidence in the proceedings under the Act. The proviso to Section 51 enables the parties to file affidavits in support their case. But the only requirement is that the deponent should be available fore cross-examination by the opposite party. Today the Plaintiff is verymuch present before the Court. There is no question of tendering her for cross-examination since the Defendant has remained ex parte and unrepresented. The allegations in the Plaint and the affidavit of the Plaintiff have remained unchallenged.