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1954 Supreme(Mad) 331

MACK, RAMASWAMI GOUNDER, GOVINDA MENON
George Swamidoss Joseph – Appellant
Versus
Mrs. Harriett Sundari Edward falsely called Mrs. Harriet Joseph – Respondent


Advocates:
Alvares for Messrs. Pais, Lobo and Alvares for Petitioner.
V. Tyagarajan and N.T. Raghunalhan, amicus, curiae.

Govinda Menon, J.- I have had the advantage of reading the Judgment which my learned brother Mack, J., is about to deliver and since it has my entire concurrence, I do not propose to discuss matters dealt with by him in detail. My learned brother has dealt with a topic which occurred to us during the course of the arguments before us as not having been the subject of consideration in any of the previous decisions, namely, the practical difficulty that might arise, in case a decree absolute is passed in the first instance, in a suit for nullity of marriage and one of the parties immediately contracts a second marriage which might become illegal if the decree absolute is set aside in appeal.

I am in entire agreement with the view expressed by my learned brother. It has to be considered whether section 7 of the Indian Divorce Act having been preserved by the Adaptation of Laws Order of 1950, it cannot be followed by the Indian Courts after the declaration of the country as a Republic for the reason that it is not proper for a free country in its administration of justice to have a statute laying down that the laws and regulations of another country should be followed in toto. The secti






























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