WENMANARD MARAK Vs. POIBY MOMIN

JUDGEMENT

(1.) The decree nisi passed by the Additional Deputy Commissioner, West Garo Hills, Tura under S.10 of the Indian Divorce Act, 1869 has come up for confirmation under Section 17 of that Act in this reference.

(2.) The petitioner sued for dissolution of his marriage with the respondent Smt. Poiby Momin on the ground of adultery coupled with desertion. Examining himself, he deposed that the parties were married according to the Christian rites on 15th April, 1954 whereafter they lived as husband and wife. After about 6 months of marriage the respondent deserted him and subsequently she lived with one Honith Sangma as his mistress and thereby committed adultery with him and the petitioner and the respondent have remained completely separate since then. He further deposed that there was no collusion or connivance between the parties in the matter of filing the petition for divorce; and that the respondent had no objection to the dissolution of their marriage which might be dissolved on the ground of adultery and mutual consent. He examined another witness Sabilson Momin who fully corroborated him

(3.) Respondent Smt. Poiby Momin examined herself and deposed that since after 6 months of their marriage, since 1954, till date they had been living in complete separation. She also admitted that she lived with one Honith Sangma as his wife and that she had no objection to the petition of her husband for divorce, and that she also submitted a petition on that day to the effect that she had no objection to the petition for divorce being granted.