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1990 Supreme(Mad) 984

ABDUL HADI, BELLIE, VENKATASWAMY
G. Packia Raj – Appellant
Versus
P. Subbammal Alias Susila Bai – Respondent


Appearing Advocates:D. Rajagopal, S. Sundarasan, S. Natarajan, Advocates.

Judgment :-

ABDUL HADI, J.

The judgment dated 9-3-1988 in O.S. No. 79 of 1987 on the file of the District Judge, Kanyakumari dissolving the marriage of the plaintiff/ husband with the Ist defendant / wife under S.10 of the Indian Divorce Act (IV of 1869) hereinafter referred to an 'the Act') on the ground that the 1st defendant has been guilty of adultery is placed before us for confirmation under S.17 of the Act.

2. The case of the plaintiff is that the plaintiff, a Christian, married in 1975 the 1st defendant who was a Hindu then, according to "seerthirutha" form of marriage and also brought forth a child. The further case is that the 1st defendant developed illicit intimacy with other men during the time when the plaintiff used to go for his daily work, that on 16-5-1987 when the plaintiff returned home from the place of work unusually earlier, he found the 1st defendant "keeping bed" with the 2nd defendant, that he reprimanded her for her immoral act, that she then left the house and that subsequently she also refused to receive a notice sent by plaintiff on 10-6-1987.

3. The 1st defendant, in her written statement, no doubt admitted partly the allegations in paragraph 1 of the pe

































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