This petition is filed by a Christian husband under Sections 10 and 34 of the Indian Divorce Act for dissolution of his marriage with the 1st respondent on the ground of her adultery after the marriage and for compensation of Rs. 2.5 lakhs as damages from the 2nd respondent for the adultery committed by him.

2. The petitioner has also filed C.M.P. 12768/97 for custody of the minor child from the 1st respondent.

3. It is the common case that the petitioner and the 1st respondent belong to Syrian Christian community of Roman Catholic Sect and their marriage which was an arranged one was solemnized on 16-9-1990 at Vimalamatha Church, Kadalikkad according to Christian rites and ceremonies and after marriage they have been living together in the house of the petitioner. It is also admitted that a child was born in the wedlock on 9-8-1991 and after delivery the 1st respondent joined the petitioner at his residence in Thevara in early October, 1991. It is also the common case that difference of opinion developed between the petitioner and the 1st respondent thereafter and from 5-1-1992 onwards the petitioner and the 1st respondent have parted the company and have been residing separately.

4. According to the petitioner, though the marital relationship between the petitioner and the 1st respondent was very cordial till December, 1991, thereafter difference of opinion developed between them mainly regarding the style of living. According to him, the 1st respondent wanted to lead a very luxurious life and praised city life and hotel food and condemned the agricultural operations carried out by the petitioner in his properties. According to him, at the instigation of the father of the 1st respondent she left the house of the petitioner on 5-1-1992 without his consent and began to live with her parents. The 1st respondent did not return to the petitioner in spite of efforts made through mediation. The 1st respondent filed a petition before the Ecclesiastical Court, Ernakulam for a declaration of nullity of marriage with the petitioner making false and baseless allegations. A decree for separation is granted by the Ecclesiastical Court on the ground of incompatibility of marriage. The matter is pending in suo motu appeal before the Eparchial Tribunal. The 1st respondent filed O.S. 825/93 before the Sub Court, Kottayam for return of money and gold ornaments and that suit was settled in March, 1995. Since the child was in the custody of the 1st respondent, O.P. No. 99/96 filed by the petitioner before the District Court, Kottayam under the Guardian and Wards Act for custody of the minor child is pending. Though the petitioner and the 1st respondent are governed by the provisions of the Indian Divorce Act, for the purpose of divorce no petition is filed in any competent Court for a decree of nullity of marriage under the Indian Divorce Act. The Ecclesiastical Court has no jurisdiction to entertain a petition for dissolution of marriage. In July, 1996 the petitioner came to know that the respondents developed illicit intimacy and they are living in adultery. The adultery committed by the respondents is without the consent and connivance of the petitioner. The marriage between the petitioner and the 1st respondent subsists. The 2nd respondent has got wife and two children living. The respondents are living together and having willing sexual intercourse with each other. Therefore, the petitioner is entitled to a decree dissolving the marriage with the 1st respondent due to the adultery of the respondents. The adulterous living of the 1st respondent with the 2nd respondent has tarnished the image and reputation of the petitioner who is an advocate practising in Ernakulam. The fact that the 1st respondent is living in adultery with the 2nd respondent has become a topic of discussion among the advocates and others in Ernakulam. Therefore, the petitioner is entitled for damages of Rs. 2.5 lakhs from the 2nd respondent. Since the respondents are