PROMOD KUMAR ANAND Vs. DAISY BAI

JUDGEMENT

(1.) THIS is an appeal under Section 55 of the Indian Divorce Act from a petition under Sections 10 and 34 of that Act, made by Promod Kumar Anand (appellant ). The petition was dismissed by the District Judge, Raipur.

(2.) THE parties are Christians. The petitioner stated that he was married to Daisy bai on 11 June, 1945. After the marriage, they were together for about three months. Then the wife went to her village Jora, but thereafter did not return to the petitioner and deserted him without any just or reasonable cause. Later on, it was revealed that Daisy Bai had been living in adultery with Prema Pawar (respondent 2) and was pregnant. At the time of the petition she was living openly with him as his mistress. Both the respondents denied the allegations relating to adultery and pre-conception of a child. She stated that she gave birth to a child who was conceived from her husband, Promod Kumar, after the marriage. After filing the written statement, they did not take part in the proceedings which were ex parte.

(3.) THE District Judge found that the petitioner and his wife were not living together since 1945. From the Register of Birth and Deaths of the Arang Police Station (Ex. P-1), it was found that she gave birth to a male child named Watson on 16 december, 1945. Both the respondents were living together for 10 years in village jora. Daisy Bai was ex-communicated from the Christian Council as she had begotten two children from persons professing some faith other than the Christian faith. The District Judge dismissed the application holding that adultery was proved, but there was an inordinate delay in making the petition. The petitioner had come to know of the alleged adultery as far back as in September, 1945, but he filed this petition in 1961 after a delay of about 16 years