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1981 Supreme(Gau) 73

D.PATHAK
Ka Dymmiew Silty Giri – Appellant
Versus
U. Moonly Passah – Respondent


Judgement

We have noticed certain shortfalls in the proceedings which cannot be overlooked. To obtain relief under the Divorce Act, 1869, for short, the Act, the conditions set out in the provisions of the Act must be strictly complied by the parties. The Act is applicable to the parties who profess Christian religion. However, if one of the parties profess Christian faith it would give jurisdiction to the Court to give relief under the Act. Dissolution of a marriage is a serious thing, and the Court trying matrimonial cases should carefully follow the provisions of the Act. The grounds on which a Christian marriage may be dissolved have been set forth in Section 10 of "the Act". Section 11 makes it obligatory on a husband, in a petition for dissolution of marriage on the ground of adultery, to make the adulterer a co-respondent unless he is exempted or excused by the Court on one of the three grounds mentioned in the Section. Leave for such "excuse" must be applied for and duly obtained. Collusion to obtain a decree for dissolution of a marriage has been expressly prohibited under Sec.12 of the Act. Collusion in judicial proceeding, is a secret agreement between two persons that o












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