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1974 Supreme(All) 63

YASHODANANDAN
Aulvin V. Singh – Appellant
Versus
Chandrawati – Respondent


Advocates:
K.C. Dhaliya, for Petitioner; Yudhister, for Respondent.

Judgement

JUDGMENT :- This is an appeal by the husband arising out of a petition under Section 27 of the Special Marriage Act hereinafter referred to as the Act.

2. The material facts giving rise to this appeal are that the appellant presented a petition under Section 27 of the Act seeking divorce from his wife Smt. Chandrawati, who figures as a respondent before me. The appellant Sri Aulvin V. Singh and Smt. Chandrawati, respondent, are admittedly Christians and they were married in a Christian Church according to Christian rites on the 2nd May, 1957. The appellant alleged that they lived happily together as husband and wife till the 5th September. 1964. when all of a sudden the respondent for no rhyme no reason went away to her father's place. It was alleged that the appellant awaited her return for a few months but when she did not return back to the matrimonial home he made all efforts to bring her to his place but in vain. The petition was founded on the allegation of desertion by the wife without any cause for more than three years. The appellant prayed for a decree for divorce and dissolution of marriage.

3. The respondent admitted that she had been married to the appellant acc





























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