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1894 Supreme(Mad) 12

A.J.COLLINS, M.AYYAR, SHEPHARD
Thapita Pater – Appellant
Versus
Thapita Lakshmi – Respondent


JUDGMENT

Arthur J.H. Collins, C.J.

1. Thapita Peter brought a suit against Thapita Lakshmi, his wife, alleging her adultery with Lunkapalli Gauth, and praying, therefore, that his marriage may be dissolved. The District Judge of Kistna granted a decree dissolving the marriage under the provisions of Act IV of 1869, and the decree now comes before the High Court for confirmation under Section 17 of Act IV of 1869.

2. The petitioner and his wife were married according to the rites of the Hindu religion in 1879, petitioner and his wife being Hindus at that time. About a year after the marriage the petitioners wife left him and has since been living in adultery with the second respondent. In 1882 the petitioner became a Christian, and about 1890 his wife and the second respondent also became Christians. The question to be decided is--can the Courts of this country pass a decree dissolving his marriage under Act IV of 1869 ?

3. Section 1 of the Act enables relief to be granted where the petitioner professes the Christian religion.

4. Section 7 directs that the Courts in India shall act and give relief in all suits and proceedings hereunder on principles and rules which, in the opinion of the































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