Smt. Agnes Bagga vs Tarlok Chand Bagga

D.V. Sehgal, J.—Decree dated 4.2.1984 for dissolution of marriage between Smt Agnes Bagga and her husband Tarlok Chand Bagga passed by the learned Additional District Judge, Chandigarh, on a petition u/s 10 of the Indian Divorce Act (hereinafter called ''the Act'') has been placed before us for confirmation u/s 17 of the Act.

The petition u/s 10 of the Act was filed by Mst. Agnes Bagga. She alleged that she and her husband Tarlok Chand Baggi Respondent are Christians by religion and they got married according to Christian rites on 11.4.1982 in St. Joseph''s Catholic Church, Jagadhari. A daughter was born to them out of this wedlock in February, 1983, who is now with the Petitioner. She alleged that the Respondent was an alcoholic and over-indulged himself in sex under the influence of liquor. He had sex with her even during her menstrual period against her wishes and committed sodomy upon her. The acts of the Respondent gave her utmost mental torture. Whenever she objected to the acts so committed by him, he became violent and gave her beating. According to her, after delivery of female child, when she was still very weak and was not fit to have sex, the Respondent used her for sex against nature and against her wishes in April 1983. She wrote a letter to her father-in-law in June, 1983, but he showed his helplessness against this attitude of the Respondent. On these grounds she sought dissolution of her marriage with the Respondent

In response to a notice on the petition issued to the Respondent, he put in his appearance through his counsel before learned Additional District Judge, Chandigarh, on 27.10.1983, when the parties were directed to appear in person on 28.11.1983. The proceedings before the learned Additional District Judge show that on that date, the Respondent did appear in the Court with his counsel but withdrew from the proceedings after a short time. His counsel also pleaded no instructions from him. The proceedings were, therefore, adjourned to 12.1.1984 for ex-parte evidence. The Petitioner herself appeared in the witness-box on 12.1.1984 and deposed on oath to the allegations made by her in the petition. Her mother Mrs Eryne wife of Robin Singh appeared as P. W. 2 and corroborated the Petitioner''s version. The letter received by her from her father-in-law to which reference has been made above was also produced on record. Taking into account the averments made in the petition as also the evidence brought on record, the learned Additional District Judge vide judgment dated 4.2.1984 passed an exparte decree for dissolution of her marriage with the Respondent by way of divorce.

A notice by this Court was duly served on the Respondent but he failed to put in appearance before us.

We have gone through the averments made in the petition u/s 10 of the Act and the evidence produced in support of the same. We are satisfied that on the basis of the material on the record, the learned Additional District Judge rightly passed the decree for dissolution of marriage vide his judgment dated 4.2.1984. We accordingly allow the reference and confirm the decree of dissolution of marriage passed in favour of Mst Agnes Bagga and against Tarlok Chand Bagga. Since the Respondent has not put in appearance, there shall be no order as to costs.

Sd/- Prem Chand Jain, C.J.

Sd/- S.S Kang, J.