TERENCE VALENTINE ROSE Vs. LYNETTEE IRENE

JUDGEMENT

(1.) This is a reference under Section 17 of the Divorce Act, for confirmation of the decree nisi for the dissolution of marriage granted by the learned Additional District Judge, Ferozepore.

(2.) Terence Valentine Rose, petitioner, had preferred the petition against his wife Lynette Irene averring that the both of them were married according to Christian rites at Kanpur on April 15, 1968. Later, both of them lived together in the residential quarters attached to the Francis Newton Mission Hospital, Ferozepore, in which the petitioner was employed. Two sons and a daughter were born out of the wedlock.

(3.) It was alleged in the petition that on May 6, 1980, the petitioner went to Moradabad in order to look after his ailing mother and when he returned a little more than a fortnight thereafter, he found his residential quarter locked and respondent No. 1 missing therefrom. On enquiry, he learnt that she had left the house along with their infant daughter a few days earlier and had not returned to the matrimonial home thereafter. Further enquiry thereafter revealed that respondent No. 1 was living with Parkash Masih, respondent No. 2, in a house near M. E. S. Power House, Ferozepore Cantt. A report was lodged by the petitioner with the police, but respondent No. 1 refused to return to the conjugal home and continued to live in adultery with respondent No. 2 at house No. 2, Street No. 5, Ferozepore Cantt.