PATRICIA MARGARET GUPTA Vs. PETER GUPTA

JUDGEMENT

(1.) This reference is received. from the Court of Additional District Judge, Kullu for confirmation of decree nisi for dissolution of marriage of Mrs. Patricia Margaret Gupta and Mr. Peter Gupta, passed by him on 19 -1 -1993. When it was placed before this Bench on 31 -3 -1993, Mrs. Patricia Margaret Gupta was represented through her counsel. Notices were ordered to be sent to the respondents, Mr. Peter Gupta and Sadhana, returnable within three weeks They were duly served for 29 -4 -1993, the next date of hearing, but failed to put in appearance, hence proceeded ex parte.

(2.) Today, this Bench heard the learned Counsel for Mrs. Patricia Margaret Gupta and by a short order accepted the reference and confirmed the decree nisi dated 29 -1 -1993 for dissolution of marriage passed by the Additional District Judge, Kullu, the reasons for which are being supplied by this judgment,

(3.) On 15 -7 -1992 Mrs. Patricia Margaret Gupta filed petition under section 10 of the Indian Divorce Act, 1869 (hereinafter called the Act of 1869) in the Court of the Additional District Judge, Kullu praying that her marriage with Mr. Peter Gupta may be dissolved on the ground that since the solemnisation of their marriage her husband Mr. Peter Gupta has been guilty of adultery coupled with desertion, without reasonable excuse for more than two years, The allegations made in the petition are that she is a British national, whereas Mr. Peter Gupta is an Indian and marriage between them was solemnised in June, 1975 at Bhagatpur (Nepal), since when they had been living as husband and wife. Thereafter, again on 3 -3 -83 marriage between them was solemnised and registered under Christian Marriage Act by the Registrar of Marriages, Dehradun, U. P. They had been lastly living and cohabiting as husband and wife at Manali, District Kullu. Out of their wedlock one son, namely, David Gupta aged six years and one daughter, namely, Mariam aged 11 years were born. Both the children have been living under the care and custody of their mother Mrs. Patricia Margaret Gupta.