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1981 Supreme(Bom) 191

A.N.MODY
P. – Appellant
Versus
P. and R. – Respondent


Advocates:
K.H. Panchal with Hemendra Shah, for Appellant; C.R. Dalvi with P.N. Karlekar, for Respondent; M.P. Kenia
with Miss Premila Shah, for Co-respondent.

JUDGEMENT :- The appellant (original petitioner) is the husband of the 1st respondent (original respondent). She is alleged to have committed adultery with the 2nd respondent (original co-respondent). The petition was dismissed, hence, this appeal.

2. The petitioner and the 1st respondent were married on 14-2-1943 according to Hindu Vedic rites, both being Hindus. They have four issues: three sons and one daughter. The first son is 27 years old, the daughter is 25 years old and the other two sons are respectively 17 and 15 years old. The allegations in the petition, which are not only vague but confusing, are, inter alia, that since about few years prior to the petition, the respondent had been cold and indifferent towards the petitioner; that her conduct aroused suspicion of the petitioner about the fidelity of the respondent. In or about 1969 the petitioner arranged un-obstructive watch on the movements of the respondent through investigative agencies. It is alleged that the respondent was seen moving out of the house almost every day in the absence of the petitioner and meeting various persons of opposite sex and was seen visiting pictures in their company but would return home b


























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