MAJOR T RAMCHANDRA Vs. SARASWATI RAMCHANDA ALIAS SARA

JUDGEMENT

(1.) On the 10th of March, 1948, Major Ramchandra applied under section 10 of the Indian Divorce Act, 1869 , for dissolution of his marriage with Mrs. Saraswati Ramchandra on the ground that Mrs. Saraswati Ramchandra was living in adultery with Mr. L.C. Acharaya alia Pather co-respondent. In the application a sum of rupees 5,000/- was claimed as damages from the co-respondent on the ground of his having committed adultery with Mrs. Saraswati Ramachandra. Mrs. Saraswati Ramachandra and Mr. Pather resisted the application for divorce and on the pleading of the parties the following issues were fixed on the 30th April 1948 :-

(2.) In the written statement put in by Mrs. Saraswati Ramchandra and Mr. Pather it was admitted that the marriage between the parties was celebrated at Simla under Act 3 of 1872, hereinafter referred to as the Act, and that the parties were domiciled in India when the petition for dissolution of marriage was presented. Mrs. Saraswati Ramchandra further admitted in the written statement that the petitioner and respondent No. 1 last resided together within the local limits of the ordinary jurisdiction of the District Judge at Delhi.

(3.) Major Ramchandra examined evidence between the 26th of May, 1948, and the 8th of July, 1948. On the 12th of December, 1948, Mrs. Saraswati Ramchandra made an application under rule 17 of Order 6 read with section 151, Civil Procedure Code for the amendment of the written statement. On the 1st of April, 1949, the amendment was allowed and an additional issue was fixed reading :-