LELLIS R.P. OZORIO Vs. SANTAN ANTHONY GOMES

JUDGEMENT

(1.) THE respondent had filed a suit for divorce on grounds of adultery and abandonment of conjugal domicile for a period of more than three years. The ground of adultery was given up in the Trial Court itself and the only ground pressed into service for divorce was complete abandonment of conjugal domicile for a period of three years.

(2.) ON behalf of the respondent, his Power of Attorney namely his mother was examined besides one more witness. The appellant examined herself in the proceedings. The Trial Judge came to the conclusion that the respondent had established that the appellant had abandoned conjugal domicile from the year 1987. He, therefore, decreed the suit and dissolved the marriage by granting divorce. This judgment is challenged by the appellant.

(3.) ON the other hand, learned Advocate Mr. S. Sonak, submitted before me that the evidence of the appellant herself shows that she wants divorce and that in the year 1991 an advertisement was published in the newspaper regarding celebration of Silver Jubilee wedding of the appellant with her ex -husband. According to learned Advocate for the respondent, both these facts show the state of mind that the appellant does not want to stay at all with the respondent which, by itself, would amount to desertion. It was also submitted by him that reckless allegations have been made by the appellant in the written statement which amount to grievous injury and even though this ground was not pleaded, the Court should grant divorce on this count as well. Alternatively, it was submitted that the marriage has broken down and judicial separation to be ordered.