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1869 Supreme(Cal) 128

Gordon – Appellant
Versus
Gordon and De Saran – Respondent


JUDGMENT

Phear, J. - In this case the petitioner seeks to obtain a dissolution of his marriage with the respondent, on the allegation that she has committed adultery with the co-respondent. The adultery has been proved beyond all manner of doubt, and indeed the respondent never attempted to deny it. The co-respondent makes no defence whatever. He has not even entered an appearance in the suit; but the respondent by her answer charges her husband with continuous acts of cruelty, and contends that on that account not only is he disentitled to have an unconditional dissolution of the marriage, hut further she herself has a right to a decree for judicial separation with alimony. The latter part of her position is, I think, clearly untenable. She takes it on the strength of these words, in section 15 of the Indian Divorce Act: "In any suit instituted by a husband for the dissolution of his marriage, if the respondent opposes the relief sought on the ground of his (the petitioner's) cruelty, the Court may in such suit give to the respondent, on her application, the same relief to which she would have been entitled in case she had presented a petition seeking such relief." Now to what reli

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