CHINNAMMA THOMAS Vs. K.K. THOMAS

JUDGEMENT

(1.) The District Judge, Jabalpur vide his judgment dated 10.8.1985 passed a decree nisi for dissolution of marriage in favour of Smt. Chinnamma Thomas under section 14 read with section 10 of the Indian Divorce Act on the ground that since the solemnisation of the said marriage her husband respondent - K.K. Thomas had been guilty of sodomy. The present case relates to the question of confirmation of the said decree by this Court as per the requirement of section 17 of the Code.

(2.) It is clear from the record of the case that the District Judge took all the necessary precautions to ensure that the respondent-husband was served with the notice of the petition. It is greatly significant that in spite of the charge levelled against him being of such a damaging character the respondent-husband did not gather courage to participate in the proceedings to deny the said charge. Needless to say, this deliberate absence of the respondent-husband from the proceedings. did have the effect of lending assurance as to the truth of what was deposed to by the petitioner-wife before the District Judge in support of her charge of sodomy against her husband.

(3.) It is brought out in the evidence of the petitioner that during the 12 years period of their marriage between 1971 to 1983 it was only for a few brief spells of time that she and her husband managed to live together. It is also brought out that her husband was a drunkard and was in the habit of beating her during the bouts of drinking. In fact, that was not the end of the torture inflicted by her husband on her. Her husband was a sexual pervert and it was on rare occasions that he had normal sexual relationship with her. On most of the occasions, he used to satisfy his lust in an unnatural way by practising sodomy on her. This he used to do by use of his physical force and despite protests from her. When on account of the above said acts of her husband she wanted to live separately from him, he at first tried unsuccessfuly to obtain a decree for divorce against her on the false ground of her being guilty of adultery and thereafter tried to resume his disgusting ways of practising sodomy on her during Sept. 1983 when they met for the last time before breaking away.