Kolkata Court November 1942 Judgments

Dr. Niranjan Das Mohan Vs. Mrs. Ena Mohan W/O Dr. Niranjan Das Mohan a ...

Court: Kolkata

Reported in: AIR1943Cal146

Rau, J.1. This appeal arises out of a judgment of the District Judge of the 24 Parganas dismissing a petition for dissolution of marriage presented on 19th January 1940 by the appellant Dr. Niranjan Das Mohan against his wife Ena Mohan and three corespondents, (1) Brojendra Nath Pal, (2) H.K. Lalvani and (3) M.G. Mennon. The petition was presented under Sections 10 and 34, Divorce Act, 4 of 1869 (which provide respectively for dissolution of marriage and award of damages) and Section 17, Special Marriage Act, 3 of 1872 (which makes the Divorce Act applicable to marriages contracted under the Special Marriage Act). The statements in the petition, so far as they are relevant for the purposes of this appeal, may be briefly summarised thus: The petitioner is a Hindu of the Arya Samaj sect. The respondent was born of Christian parents, but became a convert to the Arya Samaj sect on 5th April 1925. They were married according to Arya Samaj rites that very day; but they had also been married ...