ANUGRAH Vs. SAMSON SINGH

JUDGEMENT

(1.) These proceedings on reference at the instance of the Additional District Judge, Chandigarh, are before this Court, for confirmation of the decree for dissolution of marriage under Sec. 17 of the Indian Divorce Act, 1869 (for short, the Act) passed by the said Judge on May 4,1987.

(2.) Petition for dissolution of marriage by granting a decree of divorce under section 10 of the Act was preferred by the petitioner Anugrah against her husband Samson Singh and the named adulteress Mrs. Kiran Balram respondents. Ex parte proceedings were taken against the respondents and the petition for dissolution of marriage was allowed. Here as well, in these proceedings, ex parte proceedings against the respondents have been resorted to since on one has put in appearance on their behalf despite opportunity given.

(3.) The petitioner Anugrah alleged in her petition that she and her husband Samson Singh were both christians by faith and were lawfully married on Oct. 9, 1978, at Chandigarh, whereafter they cohabited for about three months. During that period she conceived and a son named Amarish-Joseph was born to her on Sept. 10, 1979. After the said period of three months, the petitioner claims that her husband deserted her and at the time of the birth of his son, her husband did not come to see the child or visited him thereafter. She further averred that during her stay with her husband, she used to be maltreated by him inasmuch as nothing was given to her for food and food meant for dogs used to be occasionallygiven to her. Her husband also used to contemptuously tell her that "Aurat To Admi Ki Juti Hai" (a woman is like a footwear of a man) and he could even beat her. At that time she was employed as a Clerk-cum-Typist in the New Bank of India, Chandigarh, and whenever the husband visited her, he would take away her salary. It is further averred that the husband did not like her pregnancy and wanted it terminated. He would even insult her Roman Catholic Church faith (for the husband was a Protestant) and used to abuse nuns and priests, obstructing her from visiting the Church on Sunday. After neglecting her for quite some time, he started visiting her again when she had been promoted as an Accountant and told her that as she was a goose that lay golden eggs for him, he would continue coming to collect her earnings, but by that time she had become hard, whereby she declined giving any money to the husband as she had the added responsibility to maintain the child. Lastly, she pleaded that later she came to know that her husband had left Jammu, the earlier place of his abode and settled at Lucknow, where he had married respondent No. 2 Mrs. Kiran Bairam who was employed as a typist in the I.T. College, Lucknow. Infact, the husband had told her on one of his visits that he had married a girl of his choice. She then made enquiries and found that in fact the respondents had entered into matrimony and were living as husband and wife and out of their wedlock a daughter also had been born. It is on these premises that she claimed divorce.