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1989 Supreme(Ker) 100

BALAKRISHNA MENON, KRISHNAMOORTHY
SUHASINI DEVI – Appellant
Versus
PADMANABHAN – Respondent


Judgment :-

1. This appeal by the respondents is against the exparte decree dissolving the marriage between the petitioner and the first respondent passed by the lower court under S.13 of the Hindu Marriage Act, 1955.

2. The petitioner had married the first respondent on 6-6-1976. A petition under S.13 of the Act was filed on 29-10-1980 for dissolution of the marriage on the ground that the first respondent wife had after solemnization of the marriage voluntary sexual intercourse with the second respondent her sister's husband. Both the respondents filed written statements denying the allegation of adultery. The case was posted from time to time and on 12-1-1984 it was posted for trial on 22-2-1984. The case was however, advanced to 4-2-1984 on an oral representation made on behalf of the petitioner (we do not see any petition to advance the trial of the case among the records sent up to this court). The respondents were absent on 4-2-1984. The power of attorney holder of the petitioner was examined as PW-1. Arguments on behalf of the petitioner were heard on 4-2-1984 itself and the case was posted for orders on 1-2-1984 The court below on 8-2-1984 passed a decree dissolving the mar















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