JEVIYAR CLEMAN Vs. ASHALATA

JUDGEMENT

(1.) This is a reference made by the Addl. Judge to the Court of the District Judge, Mandsaur, Neemuch under u/s.17 of the Indian Divorce Act for Confirmation of the decree for dissolution of marriage made by him in Civil Suit No. 17C of 1985 dt. 16-2-1987.

(2.) The material facts giving rise to this reference briefly, are as follows :- The petitioner-husband Jeviyar Cleman filed a petition for divorce (Civil Suit No. 17C/85) on 4-10-1985 u/s.27 of the Special Marriage Act, 1954 against the respondent-wife Smt. Ashalata before the Addl. Judge to the Court of the District Judge, Mandsaur, Neemuch on the ground that the respondent has, after the solemnization of marriage had voluntary sexual intercourse with other persons and has since the soleminization of the marriage which was performed at Ujjain in the last week of December, 1975 according to the Christian form of marriage, treated the petitioner-husband with cruelty and has deserted the petitioner-husband by giving up marital relations with him, since 1983.

(3.) Notices of the petition were issued to the respondent by registered post in addition to the ordinary process on various possible addresses of the respondent at Ujjain, but as the notices remained unserved, the service was effected by publication of the notice in 'Vikram Darshan', a daily newspaper of Ujjain on 10-12-1986.