LAWS(CAL)-1967-3-2

ADELAIDE MANDE TOBIAS Vs. WILLIAM ALBERT TOBIAS

Decided On March 08, 1967
ADELAIDE MANDE TOBIAS Appellant
V/S
WILLIAM ALBERT TOBIAS Respondents

JUDGEMENT

(1.) This is a wife's petition for divorce on the ground of "adultery coupled with desertion without reasonable excuse for 2 years or upwards".

(2.) The wife Adelaide Mande Tobias states in the petition the following facts. She was married on May 15. 1935 to the Respondent William Albert Tobias at the Church of the Secred Heart of No. 3 Dha-ramtala Street, Calcutta within the jurisdiction of this Court. The Marriage Certificate has been proved and marked as Ext. A in this suit. Both the wife and the husband are domiciled In India and are Roman Catholic Christians.

(3.) After marriage they lived and cohabited at 25 Dharamtalla Street and also at 9 Crooked Lane, Calcutta, both within the jurisdiction of this Court. There are three issues of the marriage now living: one is John Andrey Tobias, daughter born on March 20, 1936; Daphne Tobias, daughter born on August 26, 1938; and Harold Tobias, son born on April 26, 1940. It was immediately after the birth of the son that the respondent-husband is alleged to have deserted the petitioner. The matrimonial home was of a very short duration, lasting barely five years.