JUDGMENT - K.K. Desai, J.

1. This is the defendants appeal against the decree for divorce made against her on January 20, 1968, in Parsi Matrimonial Suit No. 33 of 1963. The suit was tried by Mr. Justice Kanta-wala with the assistance of Delegates under the Parsi Marriage and Divorce Act, 1936. The Delegates found that the defendant was guilty of constructive desertion of the plaintiff without lawful cause and against his wishes for a period of over three years. The learned Judge accordingly passed the above decree. In view of the decree, he dismissed the counterclaim made by the defendant for judicial separation. In view of the decree for divorce, he also found that there was no question of considering the alternative relief for judicial separation prayed for by the plaintiff. The question of the custody of children and permanent alimony was directed to stand over. The learned trudge ultimately, upon a subsequent hear-ing, ordered that the costs to defend the suit be paid by the plaintiff.

2. The plaintiffs case may be shortly summarised as follows:--

On July 1,1945, the parties were married according to the rites and ceremonies of the Parsee Zorostrian religion at Poona. The defenda

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