MRS. LAVINA MARTIN Vs. MR. SAM BOSCO MARTIN

JUDGEMENT

(1.) The Appellant wife has by this application challenged the judgment and decree dated 17th July, 2008 whereby the 7th Family Court, Mumbai allowed the Petition under section 10(x) and 10(ix) of the Indian Divorce Act, 1869 filed by the Respondent-husband and dissolved the marriage solemnised between them.

(2.) The brief facts necessary to decide this Appeal are as under: The marriage between the Appellant-wife and the Respondent-husband was solemnised on 1.1988 at St. Joseph Church, Umarkhadi, Mumbai as per Christian Rules and rituals. On 19.6.1989, a son was born in the wedlock. On 12th Oct., 2006 the Respondent husband filed a petition under section 10(x) and 10(ix) of the Divorce Act, 1869 for a decree of divorce.

(3.) The Respondent-husband claimed that the Appellant-wife had agreed to stop working in shifts and instead work during regular office hours. However, after marriage she refused to alter her work schedule. The Respondent-husband claimed that the Petitioner-wife was frigid and psychologically impotent. The Respondent-husband further claimed that the Appellant-wife had given in writing that she did not have any objections if he had affair with or marries any other girl and that she displayed total lack of interest and indifference towards him.