ALYSON Vs. RODNEY VALENTINE DBRAS

JUDGEMENT

(1.) The case has come to us on a reference made by the Fourth Additional Judge to the Court of District Judge, Bilaspur under Section 17 of the Divorce Act. In spite of notice having been served, there has been no appearance either on behalf of petitioning wife Alyson or respondent-husband Rodney Valentine D'bras.

(2.) The relevant facts, briefly stated are as follows: The marriage between the petitioning wife and the respondent-husband was solemnized at Sacred Heart Church, Bilaspur on 27-10-1980. After the marriage, the respondent-husband lived with petitioning wife at Rourkela where the petitioning wife was working as a Principal in a school. On 2-2-1981, however, the respondent-husband took away all his things including the marriage ring from the house and left the town. The petitioning wife made the application under Section 10 of the Divorce Act in the Court of District Judge, Bilaspur on 4-2-1981 praying that her marriage with the respondent-husband be dissolved on the ground that since the solemnization thereof the respondent-husband had been guilty of adultery coupled with cruelty. On notice of the said application having been served on him, the respondent-husband appeared before the trial Court on certain dates in the beginning, but did not file his written statement. Thereafter, he absented himself from the proceedings and did not care to defend himself in spite of further notices having been served on him.

(3.) In support of the application made by her, the petitioning wife examined herself and also one Mobin D'Silva as witnesses. It was stated on oath by the petitioning wife that during the period of three months the respondent-husband lived with her at Rourkela, he treated her with extreme cruelty. He used to keep a Khukri (a particular kind of knife) with him and threatened her with life. He used to take drugs and under the influence of the said drugs used to ill-treat her not only in the house but also in public places. Further, during this period, he developed illicit relationship with one of the friends of the petitioning wife named by her in her evidence. He used to bring the said woman freely to the house and indulge in cutting filthy jokes with her in her presence. He did work in a factory for a few days, but, thereafter, became 'good-for-nothing' and spent all his time in indulging in the vices mentioned above. Finally, on 2-21981 he took away all his things including the wedding ring given to her from the house and left her for good, Mobin D'Silva, the other witness examined by the petitioning wife, supported the abovesaid allegations made by the petitioning wife against the respondent-husband.