D K RATNAMMA Vs. KONLURI JOHN

JUDGEMENT

(1.) This reference is under S. 17 of the Divorce Act. The petitioner filed a petition, O. P. No. 36 of 1984 on the file of the Court below, for dissolution of the marriage between herself and the respondent which was allowed by the learned District Judge by the order dated 20-11-1984. The ground urged is that the respondent, while the marriage between himself and the petitioner was subsisting and two children had been born to them, married another woman deserting her and living separately. Though notice was issued to the respondent he did not either enter appearance or contest the matter.

(2.) We are not, however, satisfied with the manner in which the learned District Judge disposed of the matter. The order reads as follows :-

(3.) All the same, we do not think that the facts and circumstances of the case disclose any grounds to remand the matter to the learned District Judge. It might only mean further difficulty and agony for the petitioner. In that view, being satisfied on a perusal of the pleadings and evidence that there was adultery coupled with desertion in this case, we confirm the decree for dissolution of marriage between the petitioner and the respondent granted by the Court below, and answer the reference in the above terms. No costs. Order accordingly.