LAWS(BOM)-1998-8-77

AFRA FERNANDES Vs. ANTHONY FERNANDES

Decided On August 14, 1998
Afra Fernandes Appellant
V/S
ANTHONY FERNANDES Respondents

JUDGEMENT

(1.) HEARD Ms. Saumya i/by. Flavia Agnes, Advocate for the petitioner. This is a petition filed by the petitioner for the relief of judicial separation under Section 22 of the Indian Divorce Act, 1869.

(2.) THE petitioner and the Respondent profess Christian religion. They were married on 24th May, 1975 according to the Christian rites at the Church of St. Francis Xavier, Dabul, Thakurdwar, Bombay 400 002. The original marriage certificate is annexed at Exhibit 'A' to the petition.

(3.) THE petitioner has deposed with regard to various acts of cruelty as well as regarding her right over the matrimonial home. Apart from the petitioner, the petitioner's daughter Lyn also gave evidence with regard to various acts of cruelty including sexual abuse. A trained social worker Ms. Trupti Panchal has also given evidence with regard to various acts of cruelty and sexual abuse inflicted upon the daughter and the petitioner and also regarding the counselling being given to both; the petitioner and her elder daughter Lyn.