Ledlie Vs. Ledlie

Ledlie vs Ledlie

Type Court Judgment Court Kolkata Decided May 02, 1895

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https://sooperkanoon.com/case/853349

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Citation: sooperkanoon.com/853349
Court: Kolkata
Judge: Sale, J.
Decided On: May 02, 1895
Subject: Family

Case Summary

AI-generated summary - not the official court judgment text.

Divorce - Practice--Judicial separation, Previous decree or--Dissolution of marriage, Evidence in suit for--Res judicata--Cruelty--Adultery--Identity of parties--Divorce Act (IV of 1869), Section 10. -

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

Ledlie

Respondent

Ledlie

Legal References

Reported In: (1895)ILR22Cal544

Excerpt

divorce - practice--judicial separation, previous decree or--dissolution of marriage, evidence in suit for--res judicata--cruelty--adultery--identity of parties--divorce act (iv of 1869), section 10. - sale, j.1. i think the petitioner is entitled to the relief, which she seeks in this suit, and the marriage must be declared to be dissolved. a decree, dated 14th april 1891, was obtained by the petitioner in the former proceedings instituted by her for judicial separation, and is sufficient evidence, in the first place, of the marriage of the parties; and, in the second place, of the cruelty, on which the decree is founded. there is further evidence now of the identity of the parties to the present proceedings, and, further, of the fact that the respondent is now living in adultery with a woman, who is not the petitioner. under these circumstances the petitioner has sufficiently made out a case for dissolution of marriage. there must be a decree nisi for dissolution of the marriage, with costs to be taxed on scale no. 1.

Full Judgment

Sale, J.

1. I think the petitioner is entitled to the relief, which she seeks in this suit, and the marriage must be declared to be dissolved. A decree, dated 14th April 1891, was obtained by the petitioner in the former proceedings instituted by her for judicial separation, and is sufficient evidence, in the first place, of the marriage of the parties; and, in the second place, of the cruelty, on which the decree is founded. There is further evidence now of the identity of the parties to the present proceedings, and, further, of the fact that the respondent is now living in adultery with a woman, who is not the petitioner. Under these circumstances the petitioner has sufficiently made out a case for dissolution of marriage. There must be a decree nisi for dissolution of the marriage, with costs to be taxed on scale No. 1.

Same Parties Ledlie vs Ledlie Same Subject Family Same Judge Sale, J.

Family