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1977 DIGILAW 448 (MP)

Luther Martin Dass v. Sushila Kumari

1977-10-19

J.P.BAJPAI, M.L.MALIK, S.S.SHARMA

body1977
Short Note : 1. Luther Martin Dass flied a petition in the Court of the District Judge, Jabalpur, under section 10 of the Indian Divorce Act for a decree dissolving his marriage on the ground that his wife (respondent No.1) was living in adultery with Amarchand Paliwal (respondent No.2) since the year 1956. The petition was filed on 5-12-1967. Held: The charge of adultery has been conclusively proved against the respondent No.1. She was living in adultery with Amarchand Paliwal (respondent No.2) since the year 1956, gave birth to two children out of her illicit relationship and declared herself as Mrs Paliwal in her service records. She never came back to live with the petitioner. The petitioner has explained the delay of eleven years in presenting this application of divorce. He said, so long his daughters were not married, he was advised not to obtain divorce because the community, particularly the respectable section of it, looked upon divorce with disfavour. Sooner the daughters were married, he went in for the divorce proceedings. Another reason was his tight financial position. He was drawing a very poor salary. His salary improved much later. Decree for dissolution of marriage confirmed. Petition allowed.