PETER MESSIAS Vs. JENNIFER MESSIAS

JUDGEMENT

(1.) This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to be referred to as 'the Act') against the judgment and decree by which his application under Section 23 of the Act for "judicial separation" has been rejected.

(2.) It is not in dispute that plaintiff Peter Messias and defendant Mrs. Jennifer Messias are Christians, the plaintiff is Chargeman Grade-I (Technical) in Vehicle Factory, Jabalpur (a Govt. of India Undertaking) and the defendant is a Teacher in English and Music in St. Joseph's Convent Girls' Higher Secondary School, Jabalpur holding M.A. degree in English Literature; the plaintiff is an accomplished musician playing guitar and the defendant is fond of playing piano; it is this "common bond of music" that brought them together and after their courtship for 8 years they married at Jabalpur on 31-5-1980; unfortunately they have no issue out of this wedlock; they lived together in Flat No. 19, L.I.C., M.P. Housing Board Colony, South Civil Lines, Jabalpur; the present petition was filed on 7-5-1992; the plaintiff has purchased Flat No. 101-A, Amba Apartment, South Civil Lines, Jabalpur on 25-9-1994 and the defendant has also purchased a separate house in June, 1994 and she is living there; the efforts of the trial Court and this Court to bring reconciliation between the plaintiff and the defendant have failed and they are living separately since more than a decade now.

(3.) The plaintiff's case is that his wife is treating him with cruelty. The acts of cruelty attributed to the wife are (a) the defendant is of peevish nature and dominating tendency; (b) the defendant made him to part with his guitar; (c) the defendant does not prepare tea or breakfast nor cares to cook food for him; (d) she picks-up quarrels with him and she is not in talking terms with him; (e) she extorts written apologies and false admissions from him; (f) there is no peace or harmony at home for the plaintiff; (g) the defendant after becoming Secretary of Jabalpur Branch of All India Anglo-Indian Association has completely "written-off" her husband and she goes on the pillion seat of the scooter of C.W. Paul who was the President of this Association; (h) her questionable conduct has made her talk of the town and in consequence the plaintiff has to suffer much embarrassment and humiliation; (i) due to intimate relation of the defendant with Mr. C.W. Paul the plaintiff was suspected of having committed his murder in the 1st week of August, 1992 and he was interrogated by the police which caused damage to his reputation; (j) on 29-9-1994 the defendant lodged report against the plaintiff for having committed theft of a Luna Moped and gas cylinder and the plaintiff had to face humiliation on that score; (k) the defendant has no love for the plaintiff and she always tries to harm, harass and humiliate him; (l) the defendant is not fulfilling her marital obligations and they are living under the same roof as complete strangers and (m) on 27-3-1992 the brother of Mr. C. W. Paul trespassed into his house and thrashed him on the allegation that he is not preventing his wife from keeping alliance with Mr. Paul.