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1969 Supreme(Mad) 56

M.ANANTANARAYANAN, RAMAKRISHNAN, NATESAN
Dawn Henderson – Appellant
Versus
D. Henderson – Respondent


Advocates:
R. Janardhana Rao (Amicus Curiae), for Petitioner; M. S. Krishnamachariar (Amicus Curiae), for Respondent.

Judgement

M. ANANTANARAYANAN, C. J. :-This is a reference under Section 10 of the Indian Divorce Act, by the learned District Judge of Tiruchirapalli, for confirmation of the decree nisi dissolving the marriage between the parties under Section 17 of the same Act.

2. The petitioner is the wife, and she has put forward, as the ground for dissolution of the marriage, the Clause of Section 10 which refers to

"adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et thoro."

In the body of the petition, the petitioner states that the respondent, her husband, married her, according to Christian rites, at St. Joseph's Church Golden Rock, Tiruchirapalli on 27-5-1961. But soon after the marriage, the respondent behaved to her with great cruelty, and brought drunken young men to the house and attempted to constrain or induce the petitioner to submit to the indecent overtures of those men. He also beat her and starved her, and in brief, attempted to compel her to lead a life of prostitution. Because she resented this and resisted the attempts with all might, the respondent forced her to leave the house in September 1961, and she has since been livin








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