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1958 MarsdenLR 38

HIGH COURT, KUALA LUMPUR
ANTHONY – Appellant
Versus
ANTHONY (NEE PRAGASAM) – Respondent


JUDGMENT

Sutherland J:

This was a petition for restitution of conjugal rights.Petitioner described himself as J Anthony, of 46, Bridport Avenue, Serangoon Garden Estate, Singapore 19 (at present). The petition was dated 26 January 1956.It commenced:

The petition of J Anthony residing at present at 46, Bridport Avenue, Serangoon Garden Estate, Singapore.

It stated that petitioner was formerly residing in Gemas in the Federation of Malaya and is at present in Singapore since July 1955 after his transfer on duty as a locomotive engine driver in the Malayan Railways.After the marriage petitioner lived and cohabited with respondent in the Federation of Malaya and at Singapore.Respondent on 2 August 1955 withdrew from cohabitation and left Petitioner's house at Singapore.Petitioner declared that the petition is true.

This petition was presented to the Court on 25 February 1956, and after ascertainment that there was no pending petition between the same parties in other Registries was registered on 5 March 1956.Enclosure No. 4 on the file is an affidavit by the petitioner affirmed on 26 January 1956.It significantly describes petitioner as residing at No. 46, Bridport Avenue, Serangoon Gard

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