Kanchan Daniel vs Sh. Michael Daniel and Another

Badar Durrez Ahmed, J.—This is a Matrimonial Reference u/s 17 of the Indian Divorce Act, 1869. By a Judgment and Order dated 16.9.1997, the learned Additional District Judge, Delhi allowed the petition of the petitioner (wife) which had been filed u/s 10 of the Indian Divorce Act, 1869, for dissolution of her marriage with the respondent No.1 (Shri Michael Daniel) on the ground of cruelty, desertion and adultery.

The petitioner and the respondent No.1 are Christians and got married on 10.11.1982 at Delhi. They lived together as wife and husband up to August,1992 when the Respondent No.1 (husband) left the matrimonial home. They have two male children which were in the care and custody of the petitioner. The petitioner filed the petition for divorce u/s 10 of the Indian Divorce Act, 1869 on the allegations that the respondent No.1 (husband) treated her with cruelty, was living in adultery with respondent No.2 and that he had, in any event, deserted her as he left the matrimonial home in August, 1992. There was no appearance on behalf of respondent No.2 and she was proceeded ex parte by the learned Additional District Judge. Initially, there was an appearance entered on behalf of respondent No.1 and the advocate took time for filing of the written statement. However, subsequently, neither there was any appearance on behalf of respondent No.1 nor was there any written statement filed. In this view of the matter, on 1.12.1995 the learned Additional District Judge directed that the respondent No.1 be proceeded with ex parte. The petitioner led ex parte evidence in support of her case. Besides examining herself as PW-1, she also produced her mother to depose as PW-2 and one Shri Satish Samudra as PW-3 who was the husband of the respondent No.2. After going through the entire evidence on record the learned Additional District Judge came to the conclusion that the respondent No.1 was not only guilty of infliction of cruelty and desertion but was also guilty of living in adultery with respondent No.2. Accordingly, he allowed the petition u/s 10 of the Indian Divorce Act, 1869 and directed that decree sheet be drawn up accordingly and the matter be referred to this Court for confirmation u/s 17 of the Indian Divorce Act.

We have examined the judgment and decree and we find no infirmity in the same and, accordingly, we confirm the same.

The Reference is disposed of accordingly.