Wood vs Wood - 1878 Supreme(Cal) 187

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1878 Supreme(Cal) 187

RICHARD GARTH, MARKBY
Wood – Appellant
Versus
Wood – Respondent

JUDGMENT

Richard Garth, C.J. - In this case the parties were married in September 1856, the petitioner being then about 15 years of age. They lived together, in Calcutta, for some years after the marriage, but had no children. In October 1864, the petitioner discovered that the respondent had committed adultery with her ayah. She did not on this account withdraw from cohabitation with the respondent, but from that time the respondent treated her with neglect. About this time she began to support herself by teaching in a school, and in 1869, in consequence of his constant absence until a late hour at night, she ceased to have sexual intercourse with him. They continued, however, to live together, and there is no reason to suppose that the husband was desirous of renewing the intercourse. On the contrary, she states, and this is not denied, that at this time her husband wholly neglected her. During this time also the respondent contributed nothing to the support of the petitioner, and frequently made demands for money upon her for his own purposes. They became involved, and in 1871, were obliged to give up the house in Circular Road, in which they then resided. The petitioner then pro

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