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2000 Supreme(Raj) 1089

RAJASTHAN HIGH COURT AT JAIPUR BENCH
P.P.Naolekar, G.S.Misra, J.C.Verma, JJ.
Gledewin - Appellant
Versus
Lilee - Respondent
F.B. Civil Reference No. 13 of 1993.
Decided On : 24-03-2000

The court confirmed the decree of divorce on the grounds of cruelty, desertion, and adultery under the Indian Divorce Act.

Headnote:

Divorce - Indian Divorce Act - The court confirmed the decree of divorce on the grounds of cruelty, desertion, and adultery.

Fact of the Case:

The petitioner filed a divorce petition under Section 10 of the Indian Divorce Act, alleging cruelty, desertion, and adultery by the respondent.

Finding of the Court:

The court found that the respondent had not participated in the proceedings, and based on the evidence presented, confirmed the decree of divorce in favor of the petitioner.

Issues: The issues involved cruelty, desertion, and adultery as grounds for divorce under the Indian Divorce Act.

Ratio Decidendi: The court's decision was influenced by the evidence of cruelty, desertion, and adultery presented by the petitioner and the petitioner's father, as well as the respondent's non-participation in the proceedings.

Final Decision: The court confirmed the decree of divorce in favor of the petitioner based on the grounds of cruelty, desertion, and adultery.

JUDGMENT

1. - This is a reference made by the Family Court under section 10/17 of the Indian Divorce Act for confirming the judgment and decree dated 23.1.1993 passed by the Judge, Family court, Ajmer in between the parties.

2. A divorce petition under Section 10 of the Indian Divorce Act was moved before the Family Court. The parties were married on 30.3.1989 in accordance with the Christian rites. It is stated that the respondent had been very cruel to the petitioner almost after 15 days of the marriage and ultimately had left the house and did not come back. It was alleged that the respondent had illicit relations with one of his colleague Kamaruddin. She was time and again asked to break those relations and live like house-wife, but she had refused to do so. Letters dated 1.4.1990, 6.4.1990 and 4.6.90 were also relied upon wherein the respondent had written to the petitioner that she wanted to separate and dissolve the marriage. The allegations were proved by the statement of the petitioner and the father of the petitioner Shri P.L. Johnson.

3. For the reasons that the respondent had not participated in the proceedings before the Family Court, finding of fact have been arrived by the Family Court and a divorce petition was passed.

4. We, therefore, find that the decree is sustainable on the ground of cruelty, desertion and adultery and deserves to be confirmed in favour of the petitioner on this count. We confirm the decree on the grounds mentioned above in favour of the petitioner.Decree of Divorce Confirmed

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