Lavina Yorks vs Terence Basil Yorke
1977 Latest Caselaw 61 Del

Citation : 1977 Latest Caselaw 61 Del
Judgement Date : 25 April, 1977

Delhi High Court

Lavina Yorks vs Terence Basil Yorke on 25 April, 1977

Author: M Narain

Bench: M Narain, C Nayar, S Mahajan

JUDGMENT

Mahinder Narain, J.

(1) This matrimonial reference has been made for confirmation of the decree of divorce which has been granted to the petitioner, Ms. Lavina Yorke by the Additional District Judge, Delhi.

(2) On a perusal of the order of the Additional District Judge it is clear that the respondent No. 1, who was married to Ms. Lavina Yorke on 28.11.1981 in the Church of Our Lady of Health, Masihgarh, Okhla according to Christian rites, has committed, adultery with respondent No. 2, Ms. Shanti Kujjur and as a result of this adulterous liaison a daughter was born to the respondents.

(3) It is also established on record that respondent Nos. 1 and 2 have been living together at 13/25, Shakti Nagar Delhi, as is clear from the acknowledgement of service, which both of them appear to have signed individually which is on record of the case.

(4) It is also established from the record of the case that respondent No. 1 during the strike in his office he got addicted to drinking and as a result, after consuming liquor he used to harshly and cruelly treat the petitioner even in the presence of the child born to the petitioner and respondent No. 1.

(5) The wife complains that the husband used to treat her cruelly by pulling her hair and causing burn injuries with cigarettes on her person. He also used to physically abuse her by punching her chest, and also subject her to verbal abuse even in front of friends and other people, who used to visit the house.

(6) In view of what has been established on record, we are of the view that the petitioner wife has proved her case, and is entitled to have her marriage with the respondent dissolved by a decree of divorce. We confirm the decree of divorce granted by the Additional District Judge on the ground of respondent No. 1 having committed adultery with respondent No. 2 coupled with the fact that he has treated the petitioner with cruelty, and that such cruelty entitles her to decree of divorce.

(9) The decree of divorce is confirmed.