BINOD ANAND LAKRA Vs. BELULAH LAKRA

JUDGEMENT

(1.) This case arises out of an application by the petitioner filed under Section 17 of the Divorce Act, 1869 (hereinafter referred to as the Act.) In 1978 he filed an application under Section 10 of the Act before the Judicial Commissioner, Ranchi, who by his judgment dated 18-8-1979 granted a decree of divorce. The petitioner has now moved this Court for confirming the decree.

(2.) The petitioner and his wife, respondent No. 1, are Christians and were married in 1966 at a Church in Ranchi town. According to the petitioner's case he and his wife had been living at different places, all within the jurisdiction of the Ranchi Court and led a normal conjugal life for several years. In 1976 the petitioner discovered close friendly relationship between his wife and Umesh Sinha co-respondent in this case, which he did not like. The wife did not react reasonably when the petitioner protested. Their relation then started cooling down and she started neglecting and refusing to fulfil her matrimonial obligations. The petitioner went to his village home in January, 1978 and on his return on 22-1-1978, he found the co-respondent staying in their house. On the petitioner demanding an explanation, his wife told him that the co-respondent was looking after her on being invited to do so. The petitioner found certain personal effects of the correspondent in the bed room, indicating that he was staying in the house even during the nights. This was confirmed by some friends and neighbours. In May, 1978 the co-respondent insulted the petitioner and openly declared his love for the respondent. The petitioner, thus, came to the conclusion that the respondent had committed adultery with the co-respondent and they were leading a life of sin. On these allegations, he filed an application before the Judicial Commissioner. Ranchi, for dissolution of the marriage.

(3.) Notices were issued to the respondents and due service was reported, but none of them appeared in the case. The case was taken up for ex parte hearing and the petitioner produced his marriage certificate exhibit 1 and examined himself for proving the allegations of adultery. The evidence as recorded by the Court was very brief and was to the effect that his wife had developed an illicit relationship with Umesh Sinha and they were living in adultery. He further said that his wife in his presence in 1976 had given a present to Umesh Sinha. Apart from giving of the present, the petitioner did not state any fact on the basis of which the conclusion about the respondents leading an adulterous life could be inferred. The Judicial Commissioner, Ranchi, however, by his judgment dated 18-8-1979, held that he was satisfied that the petitioner's case was true and a decree of divorce should be granted. On 2-5-1980 the petitioner applied under Section 17 of the Act for confirming the said decree.