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1979 Supreme(Guj) 64

S.B.MAJMUDAR, B.K.MEHTA
BAI MANI and CHANDRAMANI D/o. PATEL BECHARBHAI NARSINHBHAI – Appellant
Versus
PATEL JAYANTILAL DAHYABHAI – Respondent


Advocates Appeared: B.C.PATEL, H.K.THAKORE, N.J.MEHTA

B. K. MEHTA, J.

( 1 ) AN emotive question whether continuance in adulterous relationship on the part of husband after the decree of judicial separation granted in favour of wife inter alia on the same ground would per se amount to taking advantage of his own wrong so as to disentitle him to a decree for divorce arises in this. The question arises in the following circumstances:

( 2 ) THE parties hereto are Hindu and their marriage was solemnised according to Hindu rites somewhere in 1954 A. D. They stayed as husband and wife for seven years and three Children were born one son and two daughters by this wedlock. They had fallen out completely for reasons the respective version of which is different somewhere in 1961 and they are staying separately since then. It is an admitted position on the part of the respondent husband that he developed intimacy with one Smt. Indumati who happened to be the friend of the appellant wife and they came closer to each other and started living together after the appellant wife started residing separately in the ground floor of one of the ancestral house properties it is claimed by the respondent husband that he made adequate arrangement for the residen













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