ABDUL RAHIMAN Vs. SHAH BIBI

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. This second appeal is directed against the decree for dissolution of plaintiff's marriage with the defendant passed by the Subordinate Judge Second Class No. 3, Akola, in Civil Suit No. 301 of 1927 and confirmed by the Special Additional District Judge in Civil Appeal No. 47 of 1928. Both the lower Courts have concurrently held that the defendant-did prefer a false charge of adultery on oath against the plaintiff, his wife, that he did not make retraction of the same as required by law and that therefore the plaintiff was entitled to have a decree for dissolution of marriage passed against the defendant.

(2.) THERE is no force in either of the grounds of appeal. It is abundantly proved by documentary evidence on record that the appellant on two occasions before the District Magistrate and the Sub-Divisional Magistrate had stated on oath that "her uncle Abdul Rahim is having immoral relation with her," the plaintiff. The defendant was also subsequently convicted Under Section 500, I.P.C., with respect to this defamatory statement. The conditional retraction made by him in the course of the pleadings in the suit is no retraction in law. The plaintiff was, therefore, rightly given a decree for dissolution of marriage: Zafar Husan v. Ummatur-Rahman [1919] 41 All. 278. The second appeal fails and is dismissed with costs. Pleader's fee Rs. 50.