ELVEENA Vs. GOPAL DURJAN SINGH

JUDGEMENT

(1.) THE parties are Christians and they were married on April 16, 1971, according to Christian Marriage Act. After the marriage, both the parties lived as husband and wife at Aligarh and various other places and thereafter, they last resided at Ferozepore. Out of wedlock, three children were born, i. e. , one son and two daughters. One son and one daughter and living with the respondent-husband and one daughter is living with the petitioner-wife. The petitioner was maltreated by her husband during her stay at Ferozepore. He also developed intimacy with one Miss Veenus, who was a trainee in the hospital at Ferozepore, and he started living with her in adultery. When the petitioner objected to the living of Miss Veenus, she was maltreated and given beating by the respondent. Since the respondent was torturing the petitioner, she left the house on Jan. 3, 1975, and joined service in Delhi on March 13, 1975. In her absence, the respondent and Miss Veenus resided together and cohabited as husband and wife at Ferozepore. As the respondent was living in adultery with Miss Veenus and had treated the petitioner with cruelty, an application under S. 10 of the India Divorce Act, 1869, for the dissolution for her marriage with the respondent was filed. Notice for this application was given to the respondent. He filed written statement controverting the allegations.

(2.) ON the pleadings of the parties, the following issues were framed:-"

(3.) GOPAL Durjan Singh, the respondent, though duly served with notice of the petition, has not put in appearance. Hence, ex prate proceedings have been taken against him.