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1922 Supreme(All) 20

GRIMWOOD MEARS, KANHAIYA LAL, WALSH
Howard – Appellant
Versus
Howard – Respondent


JUDGMENT

1. On the 24th of August 1921, Mr. Sheering, sitting as District Judge at Lucknow, granted a decree nisi to William Fitzroy Howard. The petition set oat the marriage, the cohabitation of the parties, and the birth of a child, and the subsequent death of that child, and then alleged that on the 4th August 1917, and on other days between that and December 1920, the wife committed adultery with Thomas Dennet, the co-respondent, 'with whom she is living now and has an illegitimate child by him." There does not appear to be on the record any answer by the respondent or co respondent. The next document we have after the register of marriage is case which is headed, "In the Court of the District Judge" The suit is described as 'Regular Suit; No. 4 of 1921" and sets out the names of the parties and then states: "Petitioner, the respondent and the co-respondent are present," Then it immediately begins by saying that "Doris May Howard, the respondent, states that she was married to the petitioner on the 24th of April 1916, at the Roman Catholic Church, Lucknow. Then she admits that she gave birth to a female child on July 3rd 1920, and that the petitioner is not the father. She denie

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