NEENA Vs. JOHN PORMER

JUDGEMENT

(1.) This is a reference under Section 17 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act'), made by the learned IVth Additional Judge to the Court of District Judge, Indore, for confirmation of a decree nisi passed by her under S.16 of the Act.

(2.) The petitioner, Mrs. Neena, submitted a petition under S.10 of the Act for dissolution of her marriage with the respondent. She averred that she was married to the respondent in June 1970 in accordance with the tenets of Christian religion; that from the year 1975, the respondent started treating the petitioner cruelly by beating and abusing her and ultimately drove her out of the marital home in 1981. It was averred that the respondent was also having illicit relations with one Shobha. The petitioner, therefore, filed this petition for dissolution of her marriage on the ground that the respondent was guilty of adultery coupled with cruelty.

(3.) On summons being served, the respondent filed a written statement admitting marriage with the petitioner and illicit relationship with Shobha. It was contended that the differences between the petitioner and the respondent were so acute that it was not possible for him to live with the petitioner. The respondent thereafter remained absent and hence, the trial Court proceeded ex parte.