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Showing contexts for: constructive desertion in Mozelle Robin Solomon vs Lt. Col. R.J. Solomon on 3 February, 1968Matching Fragments
Thus the substantive law in this case defines the rights of the wife and the remedy which she has of either seeking divorce or of residing separately from her husband and at the same time being maintained by him. The procedural law must mould the mode of this remedy and in the context of modern law it can only be by a decree for judicial separation. Our Courts are not bound to grant reliefs in the identical form in which the former Rabbinical Courts did. Crump, J., in Rachel Benjamin v. Benjamin Solomon Benjamin (supra) while considering the form of the decree for divorce to be passed in favour of the wife after he had held adultery, cruelty and constructive desertion, on the part of the husband proved, said (at pp. 344-345) :