K.C. CHECHAMMA Vs. O. GEORGE

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree dated 17.9.84 passed by the District Judge, Sidhi, whereby the suit filed by the appellant/wife against her husband, for divorce under Sec. 10 of the Indian Divorce Act, was dismissed.

(2.) In short, according to the pleadings of the parties, the marriage between them, was solemnised on 30.1.72 at Church Saint Marry in Badna Bahm Tribula in Kerala State, according to the customs prevalent among Christian community. As such, they lived together and a daughter was born to them in the year 1979. However, the wife has filed the petition for divorce on the ground inter alia, that her husband is indulging in immoral activities having illicit connection with other woman, and instead of amending his ways and means in leading marital life happy, made aspersions against her character, and beat her. As such, according to the wife, the respondent has committed an act of cruelty.

(3.) The respondent/husband, while denying the allegations of the plaint, submitted that his wife usually remains ill and, it is she, who is responsible for deserting him. He, however, challenged the jurisdiction of the Court relating to the maintainability of the divorce suit, as framed and filed by the appellant/wife.