The main legal point established in the judgment is the requirement of making the alleged adulterer a co-respondent to the petition unless excused by the court, as per Sec. 11 of the Indian Divorce Act, and the standard of proof required in matrimonial cases.

1. This petition has been filed under Sec. 10 of the Indian Divorce Act to grant a decree of divorce by dissolution of the marriage between the petitioner and the respondent.

2. Petition averments are as follows:

The marriage between the petitioner and the respondent was held with the consent of their respective parents on 5.1.1995 at Cathedral Church of St. George, Madras. They lived together at K-58, Anna Nagar East, Madras 600 102. At that time the petitioner was working with Ulka Advertising Agency, Madras while the respondent worked in Hotel Park Sheraton, Madras. She worked in Hotel Ambassador Pallava, Melior Agro, Madras and Dakshin Holiday Resorts, Madras. It is amply evident that she has a history of frequently shifting jobs, which is because she is incapable of interacting with people in a civil manner; and not capable of holding her temper under check and freely uses foul language. She refused to cook or even manage the house, which resulted in frequent and almost daily bickering, quarrels and disputes, instigated by the respondents divorced mother. On many occasions, she walked out of the house and had gone to her mothers residence, which was close by and her mother sheltered her and encouraged her by plotting against the petitioner. She and her mother continued to hurl abusive and unfounded allegations in the most offensive language against him. The respondent has developed an aversion to marriage and men in general, after her traumatic and abusive childhood. In February 1997, he left India for the Sultanate of Oman. Because of the tremendous mental cruelty meted out, he was forced to leave her and secure a foreign job. She got a job in Abu Dhabi and she went there on 18.3.1997. She phoned the petitioner before and after her arrival in Abu Dhabi. She frequently harassed the petitioner to send her money to maintain her lavish life-style. She had also grossly misused the ‘add-on’ credit card which the petitioner had taken in her name, as a result of which he was forced into deep financial debts. In April 1997, he had paid her a visit without informing her in advance and was shocked to find one Victor Chandrakanth and the respondent living together in Room No. 40 of Zakheer Royal Residence Hotel room in Abu Dhabi. When he became suspicious and scolded her, she did not reply. The respondent and the above said person were living in adultery for a number of days. Unable to control his anger, he returned to his work place in Muscat. After he has not spoken to her or sent money to her. He has not condoned the adultery. He does not know where the adulterer is. He is not in collusion with the respondent. As he does not know the residence of the adulterer at present, he has not been impleaded as a co-respondent.

3. The respondent filed a written, statement contending that the petitioner has not made out any ground for dissolution of marriage. Merely pleading adultery without even impleading the alleged adulterer exposes the hollowness of the pleadings. The non-joinder of necessary party goes to the very root of the allegations. Prior to getting engaged to the petitioner, she worked at Park Sheraton for nearly a year and half. After her engagement with him, she remained at home. The entire cost of the marriage was borne by the respondent. The respondent, her mother and the petitioner lived in a separate house arranged by her. The parents of the petitioner were spending money with the use of add-on credit card without her knowledge. She joined Hotel Ambassador Pallava and she has a good conduct service certificates from them. She left that job only on the insistence of the petitioner. She managed to get a job in Dakshin Resorts and she could come back home only at 11.00 pm. During this time he used to idle away his time by watching television and he was a chain smoker and had regular drinking habits also. She joined another job at Melior Agro. She saw an advertisement for a job at Abu Dhabi. He accompanied her for th