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1981 Supreme(MP) 32

S.S.SHARMA, B.C.VARMA, M.D.BHATT
PULIKKOTTIAL CHERU ZECHARIAH – Appellant
Versus
MARY ZECHARIAH – Respondent


Advocates Appeared:
P.S.GOTHALVAL

B. C. VABMA, J.

( 1 ) THE District Judge has under Section 17 of the Indian Divorce Act, referred for our confirmation the decree nisi, passed in favour of the petitioner and against his wife, the respondent No. 1 for divorce on a finding that she committed adultery with the respondent No, 2, It may be mentioned here only that before the District Judge as also before this Court, the respondents did not appear and could only be served with summons of the suit only by substituted service by publication in newspaper.

( 2 ) MARRIAGE between the petitioner and the respondent No. 1 was performed on 6-11-1972 under the Indian Christian Marriage Act. For some time the couple lived well and on 16-9-1973 were blessed with a female child named Elizabeth alias Shalina. The respondent No. 1, however, could not remain faithful to the petitioner for long and developed unholy alliance with one Vasant Holland deniel with whom she eloped on 3-12-1976. This incident gave rise to proceeding for divorce. The petition was registered as Civil Suit No. 34-A of 1976 before the District Judge, Jabalpur. The respondent No. 1, however, returned to the petitioner, expressed regrets for what she did and promise






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