IN THE COURT OF ADDITIONAL DISTRICT JUDGE

 Bibi  Versus  A

CIVIL  APPEAL

Appeal No.	Date of Institution	Date of decision

J U D G M E N T

         

                   The instant civil appeal is directed against the judgment & decree dated 00.00.0000 passed by learned Civil Judge Class-III  whereby she dismissed the petition under section 22 of Divorce Act  for judicial separation  filed by the appellant.

2.                Notice and registered post were issued for service of the respondent. Ultimately, service of the respondent was effected through proclamation in the Newspaper but no body appeared on behalf of the respondent, therefore, exparte proceedings were initiated against the respondent.

3.                I have heard the exparte arguments advanced by learned counsel for the appellant and perused the record.

4.                It was alleged in the petition under section 22 of Divorce Act that parties entered into Nikah as per Christian rites  at XYX on 00.00.0000 and the petitioner cohabited with the respondent and started  performing marital obligations.  That after some time the respondent started drug peddling  and also himself started addiction. That when the petitioner forbade him  he used to beat the petitioner.  That the respondent  developed relations with other women and started adultery. That on 00.00.0000,  the respondent beat the petitioner and expelled her from his house in wearing apparels and since then she is doing labor  for her livelihood.

5.                After adopting various modes for service of the defendant, the learned trial court initiated exparte proceedings against the respondent. In exparte evidence, petitioner herself appeared as  Aw1, M appeared as Aw2 and S appeared as Aw3 who gave their evidence by means of affidavit Ex. A1 to Ex.A3 respectively. Photocopy of Nikah Nama between the parties  was filed as Mark-A.  Learned trial court vide impugned judgment dated 00.00.0000 observed that in order to get judicial separation the petitioner was  bound to prove element of adultery and her  desertion  but she has not produced even a single independent witness regarding  factum of adultery of respondent and even she did not produce  any other cogent and convincing evidence regarding her desertion. I find myself unable  to agree with these observations of learned trial court. The affidavits Ex. A1 to Ex. A3  categorically  read that the respondent used to beat the petitioner and he expelled the petitioner from his house in wearing apparels on 00.00.0000. There is nothing in rebuttal of exparte evidence. Exparte evidence establishes cruelty  on part of the respondent. It also establishes that petitioner was deserted by the respondent.  It is averred in these  affidavits  that during cohabitation between the respondent  developed illicit relations with other women. I may mention that in civil cases the criterion  for proof is preponderance of evidence and not proof beyond doubt like criminal cases.  As there is nothing in rebuttal of evidence of petitioner, sufficient proof  for adultery  coupled with cruelty  and desertion without reasonable excuse is available on record.  In the light of what has been discussed above, the appeal is granted, the impugned judgment & decree are set aside and petition under section 22 of Divorce Act is granted. No order as to costs. Decree sheet be drawn. The record of Family Court, copy of this judgment be sent to the Family court and file of this appeal be consigned to the record room after its due completion.    

Announced

00.00.0000

                                                            Additional District Judge,

         

It is certified this judgment consists of THREE  pages, each page, dictated, corrected and signed by me.

                                                             Additional District Judge,

                                                                       Faisalabad.