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Alyson Vs. Rodney Valentine D'bras (09.03.1983 - MPHC) - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMadhya Pradesh High Court
Decided On
Case NumberMisc. Civil Case No. 202 of 1982
Judge
Reported inAIR1983MP160
ActsDivorce Act, 1869 - Sections 10
AppellantAlyson
RespondentRodney Valentine D'bras
Excerpt:
.....presented or prosecuted by the petitioning wife in collusion with the..........act. in spite of notice having been served, there has been no appearance either on behalf of petitioning wife alyson or respondent-husband rodney valentine d'bras.2. the relevant facts, briefly stated are as follows: the marriage between the petitioning wife and the respondent-husband was solemnized at sacred heart church, bilaspur on 27-10-1980. after the marriage, the respondent-husband lived with petitioning wife at rourkela where the petitioning wife was working as a principal in a school. on 2-2-1981, however, the respondent-husband took away all his things including the marriage ring from the house and left the town. the petitioning wife made the application under section 10 of the divorce act in the court of district judge, bilaspur on 4-2-1981 praying that her marriage with.....
Judgment:

S.K. Seth, J.

1. The case has come to us on a reference made by the Fourth Additional Judge to the Court of District Judge, Bilaspur under Section 17 of the Divorce Act. In spite of notice having been served, there has been no appearance either on behalf of petitioning wife Alyson or respondent-husband Rodney Valentine D'bras.

2. The relevant facts, briefly stated are as follows: The marriage between the petitioning wife and the respondent-husband was solemnized at Sacred Heart Church, Bilaspur on 27-10-1980. After the marriage, the respondent-husband lived with petitioning wife at Rourkela where the petitioning wife was working as a Principal in a school. On 2-2-1981, however, the respondent-husband took away all his things including the marriage ring from the house and left the town. The petitioning wife made the application under Section 10 of the Divorce Act in the Court of District Judge, Bilaspur on 4-2-1981 praying that her marriage with the respondent-husband be dissolved on the ground that since the solemnization thereof the respondent-husband had been guilty of adultery coupled with cruelty. On notice of the said application having been served on him, the respondent-husband appeared before the trial Court on certain dates in the beginning, but did not file his written statement. Thereafter, he absented himself from the proceedings and did not care to defend himself in spite of further notices having been served on him.

3. In support of the application made by her, the petitioning wife examined herself and also one Mobin D'Silva as witnesses. It was stated on oath by the petitioning wife that during the period of three months the respondent-husband lived with her at Rourkela, he treated her with extreme cruelty. He used to keep a Khukri (a particular kind of knife) with him and threatened her with life. He used to take drugs and under the influence of the said drugs used to ill-treat her not only in the house but also in public places. Further, during this period, he developed illicit relationship with one of the friends of the petitioning wife named by her in her evidence. He used to bring the said woman freely to the house and indulge in cutting filthy jokes with her in her presence. He did work in a factory for a few days, but, thereafter, became 'good-for-nothing' and spent all his time in indulging in the vices mentioned above. Finally, on 2-2-1981 he took away all his things including the wedding ring given to her from the house and left her for good, Mobin D'Silva, the other witness examined by the petitioning wife, supported the abovesaid allegations made by the petitioning wife against the respondent-husband.

4. On a consideration of the evidence produced in the case, the Fourth Additional Judge to the Court of District Judge, Bilaspur vide his judgment dated 15-4-1982 passed in Civil Suit No. 15-A of 1982 was satisfied that it was a fit case for grant of decree Nisi for dissolution of marriage on the ground that since the solemnization of the said marriage the respondent-husband had been guilty of adultery coupled with cruelty. He passed a decree for dissolution of marriage ac-cordingly.

5. Having gone through the record of the case and the relevant evidence, we are of the opinion that the conclusion reached by the Additional Judge was proper and reasonable. There was no reason to disbelieve the unrebutted testimony of the petitioning wife and her witness Mobin D'Silva. It was satisfactorily established from the said evidence that the respondent-husband had been guilty of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et thoro, We are satisfied that there was no reason to believe that the application in question was presented or prosecuted by the petitioning wife in collusion with the respondent-husband.

6. We accept the reference made by the Additional Judge under Section 17 of the Divorce Act and confirm the decree nisi passed by him in Civil Suit No. 15-A of 1982 on 15-4-1982. The marriage of petitioning wife Alyson with respondent Rodney Valentine D'bras is dissolved. In the circumstances, there shall be no order as to costs.


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