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1982 Supreme(Online)(Gau) 3

GAUHATI HIGH COURT
, J
Dymmiew Silty Giri K. A. v. U. Moonly Passah


Table of Content
1. provisions of the divorce act must be strictly adhered to. (Para 1)
2. standard of proof in divorce cases is beyond reasonable doubt. (Para 2)
3. court may deny decree for various faults by the petitioner. (Para 3)
4. facts of the case involve adultery and desertion. (Para 4 , 5)
5. court validates the previous decree and its justification. (Para 6)
6. final confirmation of the decree for dissolution of marriage. (Para 7)

1. We have noticed certain shortfalls in the proceedings which cannot be overlooked. To obtain relief under the Divorce Act , 1869, for short, 'the Act', the conditions set out in the provisions of 'the Act' must be strictly complied by the parties. The Act is applicable to the parties who profess Christian religion. However, if one of the parties profess Christian faith it would give jurisdiction to the Court to give relief under 'the Act'. Dissolution of a marriage is a serious thing, and the Court trying matrimonial cases should carefully follow the provisions of 'the Act'. The grounds on which a Christian marriage may be dissolved have been set forth in S.10 of "the Act". S.11 makes it obligatory on a husband, in a petition for dissolution of mar










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