KA AMAL LYNGDOH Vs. U JABIN PAKEM

JUDGEMENT

(1.) The decree nisi dated 29-7-86 dissolving the marriage of the petitioner with the respondent granted by the Judge, District Council Court, Jaintia Hills Autonomous District Council, Jowai in Divorce Suit No. 4/86 has come up for confirmation under S.17, Divorce Act, 1869. The parties are Christians. They were married according to the Christian Marriage Act, 1872 and they had 7 children. The petitioner sued the respondent for divorce on the grounds that the respondent had deserted her for more than 7 years since 1979 without any reasonable cause and had not maintained her and her children since then; and he had treated her with cruelty having often threatened to injure her person, and to burn her house and make her unsafe.

(2.) The petitioner examined herself as witness 1 and one U. Kilbert Latam as witness 2. The petitioner deposed that she married the respondent in 1967 whereafter they cohabited and lived together as husband and wife for about 12 years and had 7 children. Since 1979 the respondent deserted her and her children and he, very often, threatened to hurt her and to burn her house whenever she met him, and made her life miserable and unsafe wherefore she had to leave her village and come to stay at Jowai town where also whenever the respondent came he used to threaten her; and that for his bad and evil behaviour, she had to file the petition for divorce as she felt that it was no longer safe to live with him.

(3.) PW 2 U. Kilbert Latam, corroborated the petitioner saying that the respondent threatened the petitioner to hurt her whenever he met her and to burn her house; and that the respondent was a very desperate person and used to drink liquor; and, therefore, the petitioner's life was miserable and unsafe and she had to leave her village.