WALTEREKKA Vs. JYOTI EKKA

JUDGEMENT

(1.) This reference is under Section 17 of the Indian Divorce Act, 1869 (hereinafter 'the Act' only) for confirmation of the decree of nullity of marriage dated 18-2-1991 made by the 2nd Additional Judicial Commissioner, Ranchi, in Matrimonial Title Suit No. 36 of 1987. The aforesaid Title Suit had been filed by Walter Ekka (petitioner) inter alia praying therein that his marriage with Jyoti Ekka (Opposite party) may be declared as null and void The Opposite party (wife) in spite of service of notice on her as also publication of the same in local newspaper has not opted to contest the proceeding either in the trial court or before this Court.

(2.) I may first record the relevant facts pleaded by the petitioner for seeking the intended relief. The petitioner and the Opposite party both of whom are of Roman Catholic faith got married on 5th June, 1985, in Roman Catholic Church, Doranda. After marriage on 5th June, 1985, though the Opposite party came to the residence of the petitioner but showed a complete indifference towards the petitioner and only after 5 days she went back to her parent's house. When the petitioner, his mother and other family members went to her mother's house for persuading her to come back, they were insulted and humiliated by use of abusive language. Subsequently on great persuasion, on the 15th June, 1985, she came to Mander with the petitioner and stayed for about 15 days ; but even during this period she acted with cruelty in wilfully refusing to have sexual intercourse and bear children causing injuries of mental and physical health to the petitioner. She adopted abnormal behaviour. On the 2nd July, 1985, she went back to her mother's house and thereafter, in spite of efforts and persuasion she has failed to come back and reside with the petitioner The petitioner sought for a decree of nullity of marriage on two grounds, namely, (i) for some customary infirmities in solemnisation of marriage, the same itself is invalid and illegal; and (ii) the opposite party was guilty and of cruelty desertion.

(3.) To substantiate the aforesaid grounds, the petitioner had examined four witnesses including himself as P W 1, Bhushan Khalkho (P. W 2), Francis Kharwa (P W. 3) and Emanual Joseph Ekka (P W 4). Some documents were also proved as Ext. I, which is a photo copy of letter dated 1-11-87 written by the petitioner, Ext. 1/1 which is a photo copy of of letter dated 11-9-87 written by the petitioner, Ext. 2, which is a photo copy of letter dated 16-5-87 written by E. D. Barwa and Ext 3, which is certificate of marriage.