But the Petitioner as on today continues to be a spouse of Person of Indian Origin. The Respondent no. 3 cannot enter in various complicated issues regarding the emotional status of the relationship. This is clearly beyond the jurisdiction vested in the Respondent no. 3. The Respondent no. 3 cannot conclude that the purpose of marriage is lost. Even otherwise, the factum of living separately could be for various reasons. The Respondent no. 3 is not a Court taking evidence to determine the emotional status of the parties to deduce there from the purpose of living together as husband and wife has failed. After sending one communication on 8 April 2013, the Respondent no. 4 has not even appeared in this petition, let alone contest it. Respondent no. 3 has not bothered to justify the order.
IN THE HIGH COURT OF BOMBAY AT GOA
Writ Petition No. 313 of 2013
Decided On: 04.10.2018
Robert John Ryalls Vs. State of Goa and Ors.
Hon'ble Judges/Coram:
N.M. Jamdar and Prithviraj K. Chavan, JJ.
Citation: 2019(2) MHLJ 718
