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1967 Supreme(Mad) 150

M.ANANTANARAYANAN, P.RAMAKRISHNAN, M.NATESAN
Mary Stella – Appellant
Versus
Anantha Sakayanathan – Respondent


Advocates:
P. Bhaskaran, Advocate for P.R. Gokulakrishnan, B. Soundarapandian and M. Sivalingam, for Petitioner.
P.S. Parameswaran, amicus curiae on behalf of Respondent.

Ramakrishnan, J.-

This petition has come before us for confirmation of a decree nisi for dissolution of marriage passed by the learned District Judge of South Arcot, Cuddalore, in O.P. No. 52 of 1966. The petitioner Mary Stella married the respondent Anantha Sakayanathan under the Christian Marriage Act on 8th April,. 1958. Both the parties are Indian Christians. They led a peaceful married life till May, 1961. The respondent, a teacher, was transferred at that time to Panruti, while the petitioner who also appears to have been a teacher remained at Chidambaram. According to the allegations of the petitioner, after the respondent left for Panruti, he deserted her without reasonable excuse for more than five years and he also intimated through mediators that he would not return to his wife or take her to live with him on any account. On these allegations, she filed a petition before the learned District Judge of South Arcot, Cuddalore, for a decree for dissolution of marriage under section 10 of the Indian Divorce Act IV of 1869.

In the lower Court, the husband remained ex parte. The petitioner examined herself as P.W.1. In the course of her evidence she repeated the same allegations







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