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1967 Supreme(Ori) 7

G.K.MISRA, R.K.DASH
AKASAM CHINNA BABU – Appellant
Versus
AKASAM PARBATI – Respondent


Advocates Appeared:
B.K.PAL, D.P.MOHAPATRA, G.B.PATNAIK, Y.S.N.MURTY

DAS, J.

( 1 ) THE plaintiff-appellant is the husband of defendant-respondent No. 1, Akasam parbati. They were married sometime in February 1956. It is the case of the plaintiff that after their marriage his wife lived with him for a short time and thereafter she was forcibly removed by defendant No. 2, her maternal uncle, to his house where she lived an adulterous life with him and gave birth to a daughter who is now about five to six years old. Their relationship continued to remain unhappy. A registered notice was sent on behalf of the appellant to defendants nos. 1 and 2 alleging that they were living an adulterous life and in the said notice the plaintiff also disclaimed the parentage of the daughter horn to defendant No. 1

( 2 ) THE defendant No. 1 denied the allegations and made counter-allegations of cruelty against the plaintiff in reply to the said notice dated 9-5-1959. The defendant No. 1 started a criminal case against the plaintiff and some Others alleging that they assaulted her. During the pendency of that case, the plaintiff filed the present suit under Section 18 of the Hindu Marriage Act, 1955, (hereinafter referred to as the Act') praying for a decree of divorce













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