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1939 Supreme(Mad) 312

MOCKETT
Mrs. T. R. Manjula Bai – Appellant
Versus
K. Janoji Rao – Respondent


JUDGMENT

Mockett, J.

1. This is a wifes petition for dissolution of marriage on the grounds of adultery and cruelty. She filed O.M.S. No. 17 of 1937 claiming the same relief on the grounds of cruelty and adultery. The learned Judge, on the 6th September, 1938, refused a decree for dissolution of marriage on the ground that adultery had not been proved. But he allowed the petitioner to amend her petition by adding a prayer for an order for judicial separation on the ground of cruelty which had been proved. The petitioner before me relies so far as cruelty is concerned on the decree and judgment of Gentle, J., and so far as adultery is concerned has brought evidence to show that since November of last year the respondent, her husband, has been living with another woman at Trichinopoly. No evidence of cruelty was called before me. Is this procedure correct? I think the petitioner was entitled to adopt this course. Under Section 7 of the Indian Divorce Act, the Courts in India act and give relief on principles and rules which in the opinion of the said Courts are as near as may be conformable to the principles and rules on which the English Courts act. No decision in India exactly on the


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