JUDGMENT:

1. Heard Mr Shivan Desai for the appellant and Ms Prachi Sawant for the respondent.

2. he appeal is taken up for hearing with the consent of both the parties. he parties rely upon the paper book of pleadings and notes of evidence. his appeal is admitted on the following substantial question of law:

(I) What is the meaning of ‘freely consented’ in the context of a de facto separation for the purpose of Article 4(8) of the Law of Divorce and in the facts and circumstances of the present case?

3. here appears to be a typographical mistake in the original cause title which records the name of the party respondent-wife as ‘D/o’ instead of ‘wife of’. his is obviously a typographical mistake.

4. he challenge in this appeal is to the Judgment and Decree dated 27.09.2022 of the Ad-hoc District Judge (FTC-II) at Margao, Goa partly allowing the appeal. he appellant is the husband and the respondent is the wife. he husband iled a Matrimonial Petition before the Senior Division, ‘A’ Court at Vasco-da-Gama, under Article 4(4), (5) and (8) of the Law of Divorce ( Divorce Act of 1910 , Decree of 3^rd November 1910), in force in the territories of Goa, Daman and Diu w.e.f. 26.05.1911, on the gr