1. Heard the learned counsel for the parties. The parties are referred to by their rank before the trial court for the sake of convenience.

2. This is an appeal by the plaintiff. It was the case of the plaintiff that she was married to the first defendant at Somwarpet, Kodagu District on 16.5.1966 as per customary Hindu rites. The first defendant was a medical practitioner and was employed on various assignments, which required him to travel abroad. In the year 1969, he visited England on an assignment, where he had worked up to the year 1971. Thereafter, he had returned to India. He had again left for the United States Of America (Hereinafter referred to as the ‘USA’, for brevity) in the year 1972 on a temporary assignment. The plaintiff had joined him in the USA and three children were born to the plaintiff and the first defendant, namely, Shashikumar, who was 13, Skanda, who was 7 and Shanmuga, who was 5, as on the date of the suit. The plaintiff was the only child to her parents. Her father had died early and her mother had inherited extensive Coffee estates and other properties at Somwarpet and other places.

It was the plaintiff’s case that the first defendant was keen that the properties be sold and the plaintiff should encash the same, so that it could be better enjoyed by them. But the plaintiff and her mother were opposed to the idea and this lead to discord between the plaintiff and her husband. It was the allegation of the plaintiff that from the year 1980, she and her children were neglected by the first defendant, who was displaying bad temper at all times and had remained withdrawn from the plaintiff. The relationship further degenerated and the plaintiff was physically abused and was even locked out of the house. It is the plaintiff’s case that in this background, she was advised by a well-wisher in USA, to go to India with the children. When the plaintiff demanded money for her support and maintenance, the first defendant refused to provide the same. The first defendant had compelled the plaintiff to go to India along with one A.C. Basavaraj, though the plaintiff was reluctant to do so. However, the plaintiff did come to India on 5.6.1981. On 6.7.1981, the first defendant had sent a telegram informing her that he would be coming to Bangalore along with the children on 8.7.1981. The two children, Skanda and Shanmuga were accordingly brought to Bangalore by the first defendant. After leaving the two children at Bangalore, the first defendant left for the USA on 19.7.1981. Thereafter, the plaintiff’s best efforts to get back to the USA, along with the children, were in vain as the first defendant had refused to provide the air fare.

It transpires that on 5.2.1982, the third son Shanmuga was run over by a bus in Somwarpet and suffered multiple fractures and he was hospitalised. Hence, the plaintiff was not in a position to go back to USA until the injured boy was discharged from the hospital.

It was the plaintiff’s case that in the month of July 1982, she had received a notice containing a divorce petition lodged by the first defendant, but she was unable to go to the USA and answer the notice and she was unable to take further steps as the first defendant did not provide any further financial support nor was he ready to sponsor her visit to USA, which the American Consulate at Chennai required. However, on 22.11.1982, the plaintiff managed to go back to the USA, but she was not allowed to enter her home by the first defendant and she had to seek refuge in a Community Welfare Centre. It is later that she learnt that the first defendant had instituted proceedings for judicial separation before the Twenty-Sixth Judicial District Court, Bossier Parish, Louisiana and that an ex-parte order had been passed on 28.1.1982, granting judicial separation. It was the plaintiff’s case that though the plaintiff had made an attempt to resist the divorce petition that followed, a decree of divorce was granted as on 3.12