DANIEL JOHN Vs. RAJMAYA

JUDGEMENT

(1.) This is a reference made by the District Judge, Sagar for confirmation u/S.17 of Divorce Act, 1869 (hereinafter referred to as the Act) of decree nisi passed by him u/S.14 of the Act, dissolving the marriage between the parties.

(2.) The petitioner/husband filed the petition under S.10 of the Act for dissolution of marriage which took place on 7-5-1975, according to the custom prevalent amongst the Christians. After marriage both lived together in Naya Mohalla Ward of Sagar. As a result of wedlock, the respondent gave birth to male child by name Manish, now aged about four years, The petitioner is employed in Armed Force and is also a Hockey Player. In connection with his duties, he remained out of Sagar. After successful completion of training, the petitioner was permitted to keep his family with him at the place of posting. The petitioner requested the respondent to accompany him, but the respondent declined. Meanwhile, the respondent was employed as a clerk in Irrigation Department of the State and started earning a salary of Rs.400/- per month. In March 1978 both had decided to go to Kamti, but to his utter surprise, when he reached his house on 27-3-78, the petitioner found the respondent missing from his house. On enquiry, he learnt that she had returned back to her parents' house at Gopal Ganj, Sagar along with all her ornaments. All this she did without his consent. He tried to persuade her by visiting her parents' house, but she declined to give company and, therefore, the petitioner had to go all alone.

(3.) The respondent filed a petition vide Civil Suit No.18-A of 1978 for judicial separation in the Court of Distt. Judge, Sagar but the same was dismissed by Order dt.14-5-80. The respondent filed another application for judicial separation u/S.22 of the Act vide Civil Suit No.20-A of 1980 against the petitioner.