JOSEPH SALLU FERNANDES Vs. MARIE JOSEPH FERNANDES

JUDGEMENT

(1.) THIS is a suit for divorce filed by the husband under section 10 of the Indian Divorce Act. Both the Respondent and the Co-Respondent have been duly served. The Co-Respondent has remained ex-parte. The Respondent-Wife has appeared in person before the Court and says that she does not want to contest the suit. She does not want to file any written statement. Accordingly, the matter was posted today for evidence. Today, the plaintiff is permitted to file an affidavit in support of the allegations, in the petition. Even today, the Respondent has appeared before the Court and says that she does not want to lead any evidence and does not want to cross-examine the petitioner and has filed the affidavit. The petitioner and Respondents are Christian and were married on 25th November 1983 as could be seen from the Marriage Certificate Exhibit A to the Plaint.

(2.) SECTION 51 of the Indian Divorce Act clearly provides that parties can be permitted to file affidavits to prove their case. If the affidavit is filed then the other party will have right to call the deponent for cross-examination. Today, the Respondent says that she does not want to cross-examine the petitioner. The petitioner has stated in the affidavit that all the allegations in the petition are true. The allegations in the petition supported by the affidavit shows that the Respondent had been having affair with the co-Respondent and living with him as husband and wife openly. The allegations in the petition supported by the affidavit are sufficient to prove the Respondent has been living in adultery with the co-Respondent. This is particularly so when no written statement is filed by the Respondent and the co-Respondent denying the allegations in the Plaint. Hence I am satisfied that the ground for divorce is made out on the ground of wife living in adultery.

(3.) IN my view, the materials on record are sufficient to grant a decree for divorce against the Respondent. I am satisfied that there is no collusion between the parties.