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1954 Supreme(Mad) 150

BALAKRISHNA AYYAR, RAJAGOPALAN, SATYANARAYANA RAO
Sasivarnam – Appellant
Versus
S. Gnanasoundari Kamalam – Respondent


Advocates:
Petitioner not represented.
M.S. Sethu for Respondent.

Satyanarayana Rao, J.-

This matter comes before us under section 17 of the Indian Divorce Act (IV of 1869) for confirmation of the decree nisi granted by the learned District Judge of Madurai.

The husband of the first respondent is the petitioner and he claimed in the petition dissolution of marriage between himself and the respondent on the ground that she was guilty of adultery with the co-respondent. The husband is a Hindu and the wife is a Christian. Their marriage was solemnised according to the Christian rites on 22nd August, 1934, at Madurai, and Ex. A-1 is the marriage certificate They lived at Calicut for three years after the marriage and there was no trouble till 1938. [* * * * * * * *]

[Then quarrels arose as a result of which the wife left the husband and fell into illicit intimacy with several people including the co-respondent in 1949. Ultimately the husband instituted proceedings under section 10 of the Divorce Act alleging that the wife was guilty of adultery with the co-respondent. On the merits it was found that the adultery was proved and that there was no delay in the bringing of the petition, which would justify the rejection of the petition for dissolution of th





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