RUFEENA Vs. ELEZZANDER SEVASTEEN

JUDGEMENT

(1.) THIS is a reference under Sections 17/20 of the Indian Divorce Act, made by IIIrd Additional District Judge, Ratlam, in Civil Case No. 39-A/92, for confirmation of the decree of dissolution of marriage granted in favour of the petitioner.

(2.) THE case of the petitioner is that they were married on 19. 10. 83 at Sant Anna Catholic Church, Ratlam, according to the Christian rites and customs. The twin children were born to them out of their wedlock, out of them the daughter died immediately after birth and the son is surviving, who is residing with the petitioner. It is alleged that after the birth of the twin children, as above, respondent's behaviour became indifferent and cruel with her. The respondent has got incestuous and illicit relation with Rajeshwari Fransis and Arikmery. On 11. 6. 87, the respondent (husband) assaulted her and turned out of the house. The petitioner, therefore, sought a relief of dissolution of marriage. The respondent made appearance in the Court, filed written statement and while admitting the marriage between petitioner and respondent No. 1, denied other allegations. Thereafter they absented from the Court, as such, they were proceeded ex-parte.

(3.) PETITIONER examined herself as P. W. 1 and one Deepakraj as P. W. 2. It appears an application for compromise with a prayer of mutual divorce was also filed in the Court on 5. 2. 91, but no order on the same was passed. The respondents did not appear on 5. 8. 92 and, therefore, proceeded ex-parte and as such ex-parte evidence was recorded. The learned Trial Judge has granted a decree of divorce and referred the case for confirmation, as above.