ALDINO SANTOSH BRAGANZA Vs. MARLE DAS SANTOSH BRAGANZA

JUDGEMENT

(1.) In this Plaintiff s Letters Patent Appeal, the short question for our consideration is whether the plaintiff is entitled for divorce under Article 4(4) of the Law of Divorce in force in the State of Goa which when translated reads as follows

(2.) The Plaintiff married the Defendant on 19-4-1987. The Plaintiff is from Assagao whilst the Defendant is from Verla, Parra. The Plaintiff is a mechanical engineer working abroad and periodically comes to Goa whilst the Defendant is a lecturer in a higher secondary school. Theirs was an arranged marriage and the Plaintiff was elder to the Defendant by about 9 years. Armando, their only child was born to them on 16-3-1988. Their relations were rather strained at least from 3-11-1990 if not earlier, as a result of which the Defendant was residing at her mother s house at Verla, Parra during the absence of the Plaintiff while he was abroad.

(3.) On behalf of the Plaintiff, an advocate s letter dated 21-2-1991 was written to the Defendant to find out a solution in law in respect of the differences arising between the Plaintiff and the Defendant. That letter was replied to by the Defendant s letter dated 26-2-1991. The Plaintiff went for his job on 25-2-1991 and on the same evening the Defendant went to stay at her mother s house at Verla and when the Plaintiff returned on 20-3-1991, the Defendant was not in the matrimonial house at Assagao and she came on 22-3-1991, and according to the Plaintiff, without their son, and, when the Plaintiff questioned the Defendant, the Defendant told him that he would bring the son on the next day but she did not come as told to him but came on 2-4-1991 to collect some articles and when the Plaintiff asked her why she did not come earlier, the Defendant did not reply. The Defendant took some articles and went away.