Sh. Samar Das vs Smt. Barbara Dass and another

The present reference has been made u/s 17 of the Indian Divorce Act, 1869 (for short the Act'') for confirmation of the decree of dissolution of marriage dated 7th May, 1991, which has bcen''passed by the Additional District Judge, Chandigarh, against the respondent-wife on the application of the petitioner-husband. The petition for divorce was filed u/s 10 of the Act on the ground of adultery alleged to have been committed by respondent No. 1 with her brother-in-law, respondent No. 2. The respondents were served at the initial stage in the trial Court and had briefly put in appearance but as they thereafter ceased to appear, they were proceeded against ex parte, which culminated in in an ex parte decree. In the present proceedings too, the respondents have been served but they have not chosen to appear.

The findings of fact have been recorded by the Additional District Judge on a consideration of the evidence more particularly the unrebutted statement of the petitioner as also the letter Exhibit P-2. In his statement, the petitioner has sworn to the adulterous behaviour of respondent No. 1 and in the letter Exhinit P-2 written by respondent No. 2 to respondent No. 1, he informed her that he had been pining for her in her absence and went on to reminicence about the good times they had had, and hoped to resume those activities. It has also been found that there had been no condonation of adultery by the husband and, as a matter of fact, they ceased to cohabit after 24th March, 1990, when the suspicion about the adulterous behaviour of respondent No. 1 was confirmed in the eyes of the petitioner.

After hearing the learned counsel for the petitioner and considering the evidence and the findings recorded on the basis, we find that the decree of the learned Additional District Judge, Chandigarh, is perfectly in order and is accordingly confirmed.

Order accordingly.