Noni Rigzin vs Renu Dyson Rigzin

Bhawani Singh, Chief Justice.

Noni Rigzin filed a petition for divorce under Section 75 of the Jammu and Kashmir Christian Marriage and Divorce Act 1957 in the court of

District Judge Budgam in 1995 on 31051995 on the ground of adultery. Ms. Renu Dyson Rigzin did not appear before the Court despite service

with the result exparte proceedings were taken against her. With a view to prove the allegation of adultery, Noni Rigzin produced four witnesses

namely Sohrab Rigzin, Vijay Chandra, Balbir Singh And Veenu Chandra besides himself. We have perused the statements of these witnesses.

They had supported claim of Noni Rigzin fully. It has been proved that the behaviour of Ms. Renu Dyson had not been good towards Noni Rigzin

during the time she stayed with him. So far his allegation of adultery is concerned, it has been established that after the marriage on 30121991 Ms.

Renu Dyson Rigzin left him on 03021992. Thereafter, Noni Rigzin had no access to Ms. Renu Dyson who was living with her parents at

Dehradoon (U.P). However, she gave birth to a male child on 14111993. The facts clearly point out that due to nonaccess of Noni Rigzin to Ms.

Renu Dyson this child has not been born out of wedlock of the two parties. The birth certificate from Municipal committee Dehradoon (U.P)

supports the claim that child was born to Renu Dyson on 14111993. It is taken on the case file on the request of Shri Anil Bhan, counsel for the

petitioner, Noni Rigzin.

We have perused the decree passed by the District Judge in this case carefully. District Judge has discussed the facts quite comprehensively

before recording the findings. He has also found that there was no collusion between the parties for initiating this petition and that the name of

adulterer could not be mentioned since it was not known to him despite his best efforts. Exemption had been accordingly accorded.

This court also issued notice to Ms. Renu Dyson Rigzin but she failed to appear either personally or through counsel to defend her case.

For all reasons stated above, we are of the opinion that the decree passed by the District Judge Budgam is in accordance with law and same

deserves to be confirmed which we hereby do.

Decree confirmed in terms of Section 82 of Jammu and Kashmir Christian Marriage Divorce Act 1957.