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1963 Supreme(Cal) 102

P.B.MUKHARJI, C.N.LAIK, R.N.DUTT
AGNES CECILLIA GOME – Appellant
Versus
LANCELOT ASHLEY GOME – Respondent


C. N. LAIK, J.

( 1 ) THIS has come up before us exercising jurisdiction over matrimonial causes under Section 17 of the Indian Divorce Act (Act IV of 1869), hereinafter referred to as the Act, for confirmation of a decree nisi passed by the learned Additional District Judge, 24 Parganas, dissolving the marriage.

( 2 ) IT was a wife's petition under Section 10 of the Act. The grounds were adultery with the other aggravated circumstance, viz. , cruelty. The petitioner has two minor children, born out of the wedlock living with her. The learned Judge passed the decree mentioned above and also directed custody of the children to the petitioner. The husband (respondent) was further directed to pay a monthly sum of Rs. 250/- to the wife (petitioner) as alimonv pending the suit.

( 3 ) I have reviewed the entire evidence. All pertinent facts are brought out to prevent the blinding of our eyes. The parties profess Christian religion. They were legally married. They were of Indian domicile at the date of the presentation of the petition They last resided within the jurisdiction of the Court below. There is no collusion between the parties. The petitioner has not been in any manner consist








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