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1969 Supreme(Guj) 101

Y.D.DESAI
Maganlal Budhaiabhai Patel – Appellant
Versus
Bai Dahi – Respondent


Advocates:
K.J. Shethna, for Appellant; P.D. Desai, for Respondent.

JUDGMENT :- The appellant filed Hindu Marriage Petition No. 19 of 1964 for obtaining a divorce from the respondent, on the ground of her living in adultery. The trial court decreed the suit but the decision was set aside in Regular Civil Appeal No. 26 of 1965, by the learned District Judge of Bulsar at Navsari, who dismissed the suit with costs. It is against that order of dismissal that the present appeal is filed.

2. The learned trial Judge held that the oral evidence led on behalf of the petitioner was believable and that the same was supported by a letter Ex. 21, dated 10th April, 1962, written by the respondent-wife to the appellant admitting her intimacy with one Madhia alias Govind Ranchhod. He also held that looking to the circumstances of the case, after 19-3-1962, there was hardly any possibility of a sexual intercourse having been taken place between the parties, that the birth of a male child to the respondent on or about 25th February, 1963 was enough to show that the birth of that child was a result of adulterous course of conduct on the part of the respondent. He was also of opinion that the attempt of the respondent-wife of going to Hyderabad was an attempt to concea




























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