SUNIL MASIH Vs. ELIZABETH DAISY MASIH

JUDGEMENT

(1.) It is confirmation of judgment and decree dated 14-3-1997 in Civil Suit No. 18-A of 1994 passed by Additional District Judge, Sidhi under Section 10 of the Indian Divorce Act, 1869 (for short the Act) dissolving marriage between Sunil Masih and Smt. Elizabeth Daisy Masih and awarding Rs. 50,000.00 as damages under Sections 34/35, which is sought under Section 17 of the Act.

(2.) Marriage between Sunil Masih and Smt. Elizabeth Daisy Masih was solemnized according to the Christian religion at Arch Highsys of Kolkata Church of Christ the King. Out of the wedlock, three children are born. Allegation of Sunil Masih is that Smt. Elizabeth Daisy Masih developed illicit relations with Paramjit Singh for the past one year. In his absence, Paramjit Singh would come to his house and have illicit relations with Smt. Elizabeth Daisy Masih. On 9-9-1993, when they were involved in illicit relations, he along with his neighbours reached his house and caught both of them red handed. During night duty, she would call Paramjit Singh to the house and spend the night sleeping in one bed and have intercourse. On being asked not to do so, they would resort to beating him. Openly she would roam about with Paramjit Singh. On 14-12-1993, she went to Kolkata with Paramjit Singh and stayed there for a week before returning to Singrauli. Both of them went to pay obeisance in Gurdwara situate at Jayant on the occasion of Gurunanak Jayanti and she refused to go to Church stating that Christmas was not her festival. She was of Paramjit Singh and had nothing to do with him. When he attempted to convince her, she straightway stated that in case he tried to prevent her from meeting and maintaining relations with Paramjit Singh, she would commit suicide or run away with Paramjit Singh. After September 8, 1993 till filing of the petition for divorce, he had no physical relationship with Smt. Elizabeth Daisy Masih since she did not allow him to do so.On 17-1-1994, when he came to the house after duty, he found Paramjit Singh at his house and Smt. Elizabeth Daisy Masih sitting in his lap. When he objected and prevented her from doing so, Paramjit Singh threatened him with life and Smt. Elizabeth Daisy Masih stated that she would administer poison to him through food. Due to this threat, he sensed danger to his life as a result of which he left his house to stay with his uncle Bezamin Masih and is residing with him. Father of Paramjit Singh threatened him with life, therefore, he reported the matter at Police Station, Morwa but on tendering apology by Bahadur Singh, father of Paramjit Singh, and settlement by neighbours, the report was taken back. He also reported about the threatenings and other activities of Paramjit Singh and Smt. Elizabeth Daisy Masih to the Police but no action was taken thereon by it.Dispute that arose because of illicit relations between Smt. Elizabeth Daisy Masih and Paramjit Singh was taken to the Panchayat where statements of both the parties were recorded and Smt. Elizabeth Daisy Masih accepted her illicit relationship with Paramjit Singh, her moving with him but despite advice by Panchayat, she did not change her behaviour and continued her illicit relationship with Paramjit Singh resulting in ill effect on the children. Due to this, he was mentally upset and started feeling unwell. On account of illicit relationship of Smt. Elizabeth Daisy Masih with Paramjit Singh, he was unable to keep her as his wife. On account of the illicit relationship, his reputation has been tarnished and serious injury is caused to him. He is a Dozer Operator earning Rs. 5000.00 per month. Paramjit Singh is liable to pay Rs. 50,000.00 by way of damages to him. Due to the activities of Smt. Elizabeth Daisy Masih, he gave notice through his Advocate on 8-2-1994 but it had no effect on the defendants/respondents. Instead, they started moving together more freely and continued their illicit relationship. Because of this he is passing through extreme mental strain. He, therefore, prayed that his marriage with Smt. Elizabeth Daisy Masih, which took place on 11-11-1978 according to the customs of Christian religion, be dissolved and cost of litigation and damages awarded.2-A. Smt. Elizabeth Daisy Masih and Paramjit Singh have filed separate written statements. Smt. Elizabeth Daisy Masih has denied allegations being false, conspiratory and defamatory. She states that Sunil Masih is a suspicious and characterless person. He levied baseless accusations against her. He had been subjecting her to various physical and mental cruelties. At one time, he attempted to burn her by pouring kerosene oil but on her cries, family members of Paramjit Singh saved the situation. As a result, Sunil Masih started nursing illwill against the family members of Paramjit Singh. Her daughter Barnadiz Masih is studying in Lorato Convent School at Kolkata, residing in the hostel. She went to Kolkata to meet her on 14-12-1993. Her mother also lives in Kolkata. Sunil Masih himself went to Renukot Station to see her off, therefore, the allegation that she went to Kolkata with Paramjit Singh was wrong and totally false. She is 35 years old woman with three children, eldest daughter being of 16 year old, whereas Paramjit Singh is 20-22 year old living with his brothers, sister and parents and studying in college. Existence of illicit relations with him cannot be imagined, therefore, allegations are false and frivolous. Sunil Masih has developed illicit relations with Orfa Masih, adopted daughter of his uncle Benzamin Masih. He wants to marry Orfa Masih which is not possible till he divorces her. With a view to secure divorce, Sunil Masih has levelled false and frivolous allegations against her, therefore, the same are liable to be rejected and she be awarded litigation expenses and monthly maintenance allowance of Rs. 2000.00.

(3.) Paramjit Singh has also denied the allegations against him, though it is admitted by him that his father Bahadur Singh is posted in the Project and lives in the quarter to that of Sunil Masih and Smt. Elizabeth Daisy Masish. It is admitted that his family developed relationship with the family of Sunil Masih and started visiting each other as neighbours. Sunil Masih is a person of suspicious nature, full of vices, ill treating his wife and the children resulting in serious tension in the family. He states that Sunil Masih gave beatings to his wife and attempted to burn her by pouring kerosene oil but due to intervention by his family members, situation was saved. His parents chastised him and asked not to repeat such acts in future, otherwise they would report to high officials of the Company. He did not change his behaviour, felt annoyed with his father to the extent that they ceased to be on talking terms. Shri Sunil Masih stopped residing in his quarter from January, 1994 and lived with his uncle Benzamin Masih. He stopped looking after his wife and children due to which they faced financial difficulties and hardships. Smt. Elizabeth Daisy Masih started falling ill and in absence of provision for medical treatment, his family took her to hospital. He is her neighbour, therefore, would help her in times of difficulties. Sunil Masih did not like this and felt annoyed with his family and threatened to destroy his future, therefore, he has raised false allegations against him. She is 35 year old woman with three children, eldest daughter being 16 years old. So the allegations against him cannot be thought of. It is with ulterior motive to create evidence for seeking divorce in connivance with the Police. The allegations are baseless and unfortunate. Therefore, the case be rejected and cost of Rs. 10,000.00 awarded in his favour.