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1963 Supreme(Guj) 55

N.M.MIABHOY, M.R.MODY, A.R.BAKSHI
KANKU D/o DHULABHAI DAHYABHAI – Appellant
Versus
KHRISTI SHANABHAI FULABHAI – Respondent


Advocates Appeared: M.C.SHAH, S.G.REBELLO

A. R. BAKSHI, N. M. MIABHOY, M. R. MODY, J.

( 1 ) A decree has been passed by the learned District Judge Kaira at Nadiad in Divorce Suit No. 1 of 1961 on 1st September 1961 by which the learned Judge has declared the marriage between the petitioner Kanku and the respondent Shanabhai null and void subject to the declaration being confirmed by this Court under sec. 20 of the Divorce Act 1869 (hereafter called the Act ). The learned District Judge by his letter dated 1st March 1962 has sent the proceedings in the suit to this Court for confirmation. The petition which was numbered in the District Court as Suit No. 1 of 1961 was made by the petitioner under sec. 18 of the Act. It is common ground that the petitioner and the respondent were married about 14 years ago under Hindu marriage rites. The petitioner first filed Suit No. 4 of 1960 in the Court of the learned Civil Judge (Senior revision) Nadiad under the Hindu Marriage Act 1955 for dissolution of that marriage on the ground that the husband had changed his religion and dad become a Christian since the celebration of the marriage. The respondent defended that action on the ground that the petitioner and the respondent were Christ


























































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