- (1.) This appeal is directed against a judgement and decree dated 27th October, 2014 passed in Matrimonial Suit No. 13 of 2013 by the Additional District Judge, Andaman and Nicobar Islands, Port Blair dismissing the application for dissolution of marriage under section 10 (IX) and (X) of the Indian Divorce Act, 1869 without any order as to costs. The petitioner has come up in appeal. We have heard the learned advocates appearing for the parties.
(2.) Briefly stated the case of the petitioner / appellant is as follows:- a) The petitioner, ordinarily a resident of Andaman and Nicobar Islands, is a Christian by faith. b) The petitioner is a Government servant under the Forest Department, working as a labourer. c) The respondent also a Christian by faith was given in an arranged marriage on 25th February, 1989 which was duly registered before Sub-Registrar, Kerala. d) The parties started living in conjugal relationship at a house constructed by the petitioner at Hope town, Bambooflat. e) A male child was born out of the aforesaid wedlock. The parties led a happy married life until March 2004. f) In or about March 2004 the respondent developed an extramarital relationship with one Shri Shaji also a resident of Hope town. Soon thereafter the respondent accompanied by the said Shri Shaji left the islands and stayed with the said Shri Shaji in the mainland for a period of about four months. g) In or about August 2004 the respondent came back after she had developed differences with the said Shri Shaji and begged for mercy of the petitioner for her mistakes. The petitioner in good faith and out of love and affection, both for the child and the respondent agreed to take her back. h) After the respondent was resettled in the house of the petitioner she once again started indulging in extramarital relationships with the said Shri Shaji. Upon protest she insisted that the petitioner should also permit Shri Shaji to reside at her matrimonial house to which the petitioner was not agreeable. i) The relationship between the parties naturally became bitter. The petitioner was also threatened of dire consequences including loss of life. He in the circumstance left his own house and started residing at a rented accommodation since August 2004. j) Even that did not satisfy the respondent; she started demanding the entire salary of the petitioner. k) In the year 2007 the petitioner filed a suit for divorce, registered as Matrimonial Suit in No. 26 of 2007, which was, however, dismissed for default. l) The present application for dissolution of marriage was filed on or about 12 December, 2012.
(3.) The respondent in her written statement has admitted that the petitioner has been residing separately but such separation according to her commenced in February 2007. No other allegation tabulated above has specifically been denied. Besides evasive and sweeping denial case of the respondent in her written statement is that the petitioner "developed an attitude of hatred and abhorrence for the respondent." She has alleged that the petitioner continuously treated her with contempt and abused her in an intoxicated condition. He is given to alcoholic drinks and that the allegations are imaginary and have been concocted in order to obtain divorce.;