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1963 Supreme(Ker) 182

M.S.MENON, S.VELU PILLAI, M.MADHAVAN NAIR
JOHN – Appellant
Versus
MRS. BEATRICE JOHN – Respondent


Judgment :-

1. This is a reference under S.17 of the Indian Divorce Act for confirmation of the decree for the dissolution of a marriage. The petitioner, while employed as a lieutenant in the army, married the first respondent at Poona on the 11th July, 1949. The latter lived for a time with the petitioner, but on occasions, especially when the petitioner was posted in what are called non-family stations, that is where no accommodation for families are provided she used to go to her mother's house at Chombala in Badagara. In that very house, the co-respondent, who is said to be a friend of the family and was no relation, was also living. According to the petitioner, the first respondent was in illicit intimacy with the co-respondent and a child was born to her on the 25th March, 1954, in adulterous relationship with him. Such relationship continued, whenever and so long as the first respondent lived at Chombala, until the co-respondent left the house by the year 1958. On these averments the petition was presented under S.10 of the Indian Divorce Act for the dissolution of the petitioner's marriage, on the ground that the first respondent has been guilty of adultery. The two respond








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