John Adward Marbal vs Nalini Shailbala And Anr. on 12 July, 1996

Madhya Pradesh High Court
John Adward Marbal vs Nalini Shailbala And Anr. on 12 July, 1996
Equivalent citations: I (1997) DMC 447
Author: A Mathur
Bench: A Mathur, S Pandey, S Kulshrestha


JUDGMENT

A.K. Mathur, C.J.

1. This is a reference under Section 17 of the Indian Divorce Act, 1869, for confirmation of decree for dissolution granted by the IIIrd Additional Judge to the Court of District Judge, Raipur, by judgment and decree dated 31.10.1995 in Civil Suit No. 103-A of 1994.

2. The brief facts giving rise to this reference are thus me applicant John Adward Marbal married the respondent No. 1-Smt. Nalini Shailbala on 18.12.1992 at Devi – Rajhara. The marriage was solemnized according to the Christian rites and rituals. After the marriage, both went to the house of the petitioner’s brother at Bhilai and stayed there till 25.12.1992. But the attitude of the respondent No. 1 was not normal and she did not give response to the elders as expected from the newly wedded girl. Thereafter, the petitioner joined the respondent No. 1 to go to Bilaspur – Jarhagaon, where respondent No. 1 ‘s uncle resides and they stayed there upto 1.1.1993, and there also, there was no change in the behaviour of the respondent No. 1. Then, they came back to Raipur. On 4.1.1993 the respondent No. 1 went to Bhilai and attended the marriage of her relatives. The petitioner came with the respondent No. 1 at Raipur on 5.1.1993. On 6.1.1993 the respondent No. 2 arrived at Raipur and the respondent No. 1 introduced him to be her brother. The respondent No. 2 stayed at the petitioner’s house till 8.1.1993 and at this time, the attitude of respondent No. 1 was changed because of arrival of respondent No. 1, and she showed all signs of immense affinity with the respondent No. 2. On 9.1.1993, the respondent No. 1 left for Dalli Rajhara along with the respondent No. 2 inspite of protest made by the petitioner. But, again she came to Raipur on 18.1.1993 and after one day, she left for Dalli Rajhara along with respondent No. 2 and stayed with him. It is alleged that the respondent No. 1 left her matrimonial home and denied the affection of marriage to the petitioner. She is residing with the respondent No. 2 as his wife. It is alleged that the respondent No. 1 was pregnant before marriage and in May, 1993, after expiry of five months of marriage, the respondent No. 1 gave birth to a child. It is alleged that the respondent No. 1 was leading an adulterous life. On these basis, a petition for dissolution of marriage was filed. The respondent No. 1 denied desertion. She alleged that the allegations made in the petition were false and that she was mentally tortured. It is further alleged that in fact, the basic reason in the divorce petition is that she did not give sufficient dowry; therefore, the petitioner made all kinds of allegations against her and the/marriage is to be dissolved. On the basis of these pleadings, the learned Additional District Judge, after recording the necessary evidence of both the parties, granted a decree of dissolution by judgment and decree dated 31.10.1995 and the same has been referred to this Court under Section 17 of the Indian Divorce Act, 1869, for confirmation of decree for dissolution of marriage.

3. Despite service, the respondents have not appeared. Hence, we have heard the learned Counsel for the petitioner and perused the records. In view of the fact that the respondent No. 1 is residing with the respondent No. 2, the petitioner filed the petition for dissolution of marriage. It is also expressed by her that in view of the allegations which have been made, she is not residing with him and she has also prayed for grant of decree for dissolution of marriage. In this back ground, we are of the opinion that the learned Additional District Judge has rightly recorded the finding of fact of desertion and, therefore, we confirm the decree for dissolution of marriage granted by the learned Addl. District Judge, Raipur. Accordingly, it is confirmed.

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