ORDER:- Petition for judicial separation, custody of children and payment of maintenance to wife and children on the grounds of 'desertion and cruelty'.

(1) The averments in the petition by the wife are as follows:

She was married to respondent on 26-12-1962 as per Roman Catholic Church rites in the Church of Our Lady of Good Health, Saidapet, as evidenced by the certificate marked Ex. P. 1. After her marriage her life was one of misery and the respondent was deeply in debt having borrowed from number of 'Pathans'. On 30-9-1963 she gave birth to a boy Jeffray Persich and when she was convalescing after birth of the boy at her parents' house she sprang a surprise visit to her matrimonial home and found dirty glasses and cigarette bits littered all over the place and her sudden appearance surprised the respondent who struck her op the face and back, as a result of which health suffered and she was obliged to extend the maternity leave. On 28-12-1963 there was a quarrel on account of marriage invitation of the petitioner's brother not being extended to the respondent's brother and the respondent used most abusive and obscene language as a result of which she fainted and she was taken to the E. S. I. Hospital and then to the Mental Hospital. Even for trivial things the petitioner was called by names and was beaten. The respondent was addicted to drinking, gambling and is in the habit of going to races for which purpose she was compelled by the husband to borrow from 'Pathans' and whenever she refused she was called 'whore' the word the respondent often used. On one occasion when there was a quarrel and as a result of the intervention of the manager of the petitioner's company, it was pacified but yet the life did not improve. On 16-5-1969, a quarrel arose with reference to the meeting of the household expenses and thereafter the respondent left with the intention of abandoning the matrimonial home permanently. Throughout the married life the respondent never took care about the welfare or the maintenance of the children. Added to this, there was physical ill-treatment which was a daily feature and she was also accused of immorality. These according to her, constitute physical and mental cruelty. The respondent had no reason or proper cause for desertion.

2. The respondent has filed a counter statement denying these allegations and contends that he was never in the habit of borrowing nor was he going to races. According to him he never used to beat his wife. At the behest of the petitioner, he left for Bombay with the intention of permanently settling there but since he could not get a job he returned. From Bombay he had sent presents for 'Christmas' to his wife and children in December, 1965. On his return he found that the petitioner had developed illicit intimacy with one Ronnie Rodrigues with whom she eloped. When she was reprimanded she prostrated before him and requested him to give her a chance to open a new leaf. Again in May, 1968 the petitioner was misbehaving indecently with a co-worker in the petitioner's office. When the petitioner was questioned she quarreled with the respondent. He submits that the petitioner is not maintaining the children properly due to her adulterous course of conduct. She was detaining the children with an ulterior motive. Of late, the petitioner has developed illicit intimacy with one Rajani Kantha Rao and therefore she is guilty of adultery and continues to lead an immoral life, thereby annoy the respondent mentally and has made the life for the respondent a total misery. Under these circumstances he states that the petitioner cannot invoke the clemency of this Court just to escape from her past and present misdeeds and adulterous life. Thus he prays for the dismissal of the petition.

3. On these pleadings the following issues have been framed:

(i) Whether the respondent is guilty of cruelty as alleged in the petition?

(ii) Whether the respondent is guilty of desertion as alleged in the petition?

(ii

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