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1977 DIGILAW 509 (MP)

Harry B. Ram v. Margaret H. Ram

1977-11-08

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

body1977
Short Note : 1. The petitioner bad presented a petition to the District Court Jabalpur, under section 10 of the Indian Divorce Act for dissolution of his marriage with the respondent No.1 on the ground that she was living in adultery. The adulterer was joined as respondent No.2. 2. Held : Respondent No.1's own sister, Molley Geral, has come to support the petitioner’s case. She says, that the respondent is living in adultery with Fredrick Joseph since 1975, gave birth to an illegitimate female child at Kamla Nehru Memorial Hospital in May, 1976. Pastor Mohanlal corroborates her. He says that the respondent No.1 had confessed that the child who is now 1-1/2 years old, was born of Fredrick Joseph, and since the child was not begotten of lawful wedlock baptism had to be refused. The evidence is both sufficient and convincing that the respondent No. 1 was guilty of adultery. The District Judge had, earlier referred' the case for confirmation under section 17, of the Indian Divorce Act on the ground of adultery with Samal Bawa Mall (respondent No.2), but now with Fredric Joseph. The birth of a child in May, 1976, when the husband had no access to his wife since July 1973, is a conclusive proof of adultery. Decree for dissolution of marriage confirmed.