- (1.) THE plaintiff seeks a divorce on the apparent admission in pleadings by the wife. The husband says that in view of the averments in the written statement and in the affidavit-in-opposition to the present petition, there is admission of the irretrievable breakdown in the marriage that is writ large for a decree that he longs for to be made well ahead of the trial.
(2.) THE husband has relied on paragraphs 2, 3 and 4 of the written statement and a sentence each from paragraphs 14 and 16 thereof for the immediate judgment that he desires : "2. The parties were married to each other in 1991 and since then the petitioner is treating the respondent with extreme cruelty. The petitioner has also deserted the respondent and their child, Raveera. The petitioner has refused to accept the child as his own in view of the fact that she is an adoptive child. There has at such occurred irretrievable break down of marriage. Reconciliation between the parties has become impossible. " "3. The respondent in view of the extremely bitter relationship between the parties, had agreed to divorce the petitioner on condition that the petitioner makes payment of a sum of Rs. 20 lakhs (Rupees twenty lakhs) as permanent alimony and Rs. 10,000/- (Rupees ten thousand) per month for maintenance of the child, Raveera. This amount shall be needed by the respondent for her upkeep and for the purpose of bringing up the child. The petitioner however refused to make payment of such money and is insisting upon divorce, without making payment of such amount, which the petitioner is not ready to accept. " "4. If at all divorce ought to be granted, the same should be granted at the request of the respondent for reason of the cruelty meted out by the petitioner to the respondent. " "14. . . . . . . . . . I agree that it has come to a point that it is no longer possible (for) me to co-exist with the petitioner. " "16. . . . . . . . . . . . I state that I have been living apart from the petitioner for more than a year and I am happy to stay this way. "
(3.) THE husband also refers to sub-paragraphs 2 (b), 2 (e) and 2 (f) of the affidavit used by the wife in the present proceedings. At paragraph 2 (b) the wife says that it is for the plaintiff to prove to the satisfaction of the Court that grounds for divorce exist and such is the mandatory requirement of law. She says that the onus is on the husband to prove the grounds that he alleges and no summary decree on the basis of "purported admissions" can be made. She asserts at paragraph 2 (e) that in her written statement she has denied what the plaintiff has alleged in the plaint. She adds that the plaintiff and his family members had continuously mistreated and chided her for her inability to conceive a child which had led to the two growing, and ultimately, living apart. The wife has complained of the husband's continuing misbehaviour both towards her and their adopted daughter. At paragraph 2 (f) she says that it was the plaintiff who had deserted her and their child without any bona fide reason. At paragraph 6 of her affidavit, the wife has denied the admission that the husband has attempted to cull out from her written statement.;