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1958 Supreme(Cal) 252

P.B.CHAKRAVARTTI, S.C.LAHIRI, B.N.BANERJEE
MYRTLE EVELYN MARY BARRETT – Appellant
Versus
ADRIAN JAMES BENJAMIN BARRETT – Respondent


Advocates Appeared:
BALAI CHANDRA ROY

P. CHAKRAVARTTI, J.

( 1 ) THIS is a reference under Section 17 of the Indian Divorce Act by the learned District Judge of Burdwan of a decree passed by himself on the 6th of March 1958, whereby he dissolved a marriage between one Myrtle Evelyn Mary Barrett and one Adrian James Benjamin Barrett. The decree has been submitted to this Court for confirmation.

( 2 ) THE parties are of the Roman Catholic faith and were married according to Christian rites on the 31st of December, 1949. They appear to have been rather young at the date of the marriage, the respondent being only 23 and the wife 22. After the marriage, they lived first at Sindri and then at Sitarampur till July, 1953, when, for the first time their married life began to crack up.

( 3 ) THE present proceeding was initiated by the wife. Her case was that in July, 1953, she found her husband and one Sheila Nichols sharing the same bed in the matrimonial home. This naturally led to an estrangement and the parties separated, each going to live with his or her parents. In September 1953, the wife again found the husband in a compromising position with the same Sheila Nichols, but this time, in a descried butcher's shop at Dhan






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