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1982 Supreme(Del) 137

N.N.GOSWAMY, S.S.CHADHA
C. HOWEL – Appellant
Versus
R. S. HOWEL – Respondent


S. S. Chadha

( 1 ) PARTIES are Christians. In 1970, petitioner was a teacher at Delhi while Respdt. was a gaurd in Northern Rly. at Ludhiana. They were married on 6. 5. 70. Relations between the two were not smooth and they cohabited for brief periods at Delhi and at Ludhiana. A daughter was born to them on 6. 12. 72 at Delhi. To patch up strained relations husband s father took the wife to Ludhiana, in Dec. , 73. In early 1974, she got a job there in a school. Neighbours told her that Respdt. was having indecent relations with a girl of 11, 12 years. She did not believe this until she saw them both in the room indulging in indecent behaviour in April, 1975. She again noticed this in Nov. , 75 when she saw that Respdt. and the girl were semi naked and latter was sitting in his lap and he was kissing her. Petitioner left the house and then filed petition for divorce. She deposed the aforesaid facts and ADJ granted her decree which came before High Court for confirmation. [after give above facts, judgment runs :]

( 2 ) N. N. Goswami, J. 10. Question for our consideration is whether from the aforesaid evidence the allegation of adul ery can be inferred. Nobody has yet attempted to defin





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