NALINI Vs. C H ISSAC

JUDGEMENT

(1.) THESE proceedings under Section 17 of the (Indian) Divorce Act have been placed before us for confirmation of a decree passed by the District Judge, jabalpur, granting divorce as applied for by the petitioner (wife) on the grounds of desertion and adultery.

(2.) THE facts relevant are that the petitioner Nalini was lawfully married to the respondent C. H. Issac on 8-2-1970 at Hangton Prayer Room Church, Jabalpur, the wife being then about 19 to 20 years of age and the husband about 22 to 23 years of age. Undisputedly, the petitioner and the respondent profess the christian religion and are domiciled in India. For about 10 months from the date of the marriage, parties lived at Bilhari and cohabited. According to the petitioner, earlier at one occasion, the respondent had turned her out of his residence and, therefore, she had to live in her own quarter at Vaidyanath nagar. Later on, after about a month, the respondent, however, again took her back along with her two younger sisters, Chandrakanta aged about 20 years and Anita aged about 18 years, who also lived with her in the same house.

(3.) THE allegation was that the respondent developed illegitimate intimacy with chandrakanta and they started living in adultery. A letter written by the respondent, indicating his affair with Chandrakanta, was also discovered by the petitioner. This development disturbed the relation of the petitioner with her husband and they used to quarrel with each other. When the petitioner was pregnant and carrying for about six months, the respondent again forcibly turned her out of his residence. The petitioner wanted to take her sisters chandrakanta and Anita along with her while going to her own quarter at vaidyanath Nagar, but the respondent did not allow her to do so and permitted anita (the second sister) alone to go with the petitioner. Thus, Chandrakanta remained in the house of the respondent. Since then, the petitioner and the respondent are living separately and conjugal cohabitation has not been resumed. While living at Vaidyanath Nagar, after about 3 or 4 months, the petitioner, who was already pregnant, gave birth to a female child in June 1971. The respondent, however, took the child from her when it was about 1 1/2 years in age. During the period of association with the respondent, chandrakanta gave birth to two children.