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1992 Supreme(Ker) 171

JAGANNADHA RAO, K.SREEDHARAN, P.KRISHNA MOORTHY
Robert Sebastian – Appellant
Versus
Linet Suba also known as Linet Suba Robert – Respondent


Advocates:
B. Sureshkumar, for Petitioner; S. Sreekumar, for Respondents.

Judgement

SREEDHARAN, J.:- This is a reference made by the District Court, Kollam, under Section 17 of the Indian Divorce Act, hereinafter referred to as "the Act". Court below, by order dated 4-7-1991, dissolved the marriage between the petitioner / husband and first respondent / wife. It also directed second respondent, the adulterer, to pay damages to the tune of Rs. 25,000 /- to the petitioner.

2. Husband moved a petition under Sections 10 and 34 of the Act, alleging as follows: - Marriage of the petitioner with the first respondent was solemnised on 9th July, 1981 at the Immaculate Conception Church, Pullichira. At the time of the marriage, petitioner was employed in Abudhabi. After 21 days of cohabitation, he returned to Abudhabi on 28th July, 1981. He returned on leave on 5th October, 1982 and stayed with the first respondent till 16th November, 1983. A male child was born through the wedlock on 25th July, 1983. Later he stayed with the first respondent from 28th March, 1984 to 2nd May, 1984. Thereafter, he could return to India only in September, 1989. On 29-3-1990, petitioner's cousin brother informed him over the phone that first respondent and the child are missing. Father

























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