AGNEL VALENTINE DSOUZA Vs. BLANCHE AGNELA PIEDADE DSOUZA

JUDGEMENT

(1.) THIS is an appeal under Section 55 of the Indian Divorce Act, 1869 (shortly hereinafter referred to as the Act') filed by the husband against the Judgment dt. 6-3-1997 passed by the 4th Additional District Judge, Jabalpur, whereby his petition under Section 22 of the Act for grant of decree of Judicial Separation has been dismissed.

(2.) SOME of the facts which are not in dispute are as under : The parties are catholic Christians. Their parents live in Jabalpur and they also during their education and married life lived at Jabalpur. They developed intimacy during their college days and thereafter married on 3-1-1987 in accordance with Indian Christian Marriage Act, 1872. The husband is employed as an Executive in a Medical concern and the wife has taken employment as teacher in Christ Church Boys Higher Secondary School.

(3.) THE couple has no issue from the marriage. The wife was pregnant after marriage but unfortunately had to suffer an abortion on 24-6-1987. The spouses are living separate since 19-10-1987.