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Showing contexts for: Ramaswami pillai in M.P. Subramaniyam vs T.T. Ponnakshiammal on 17 September, 1957Matching Fragments
The said term has been explained more clearly by Ramaswami, J., in the case of Maha-lingam Pillai v. Amsavalli, (1956) 2 Mad LJ 289 (H). This was, however, a case under the Madras Hindu (Bigamy Prevention and Divorce) Act and the Hindu Marriage Act. Section 13 of the latter Act provides that only living in adultery is a ground for dissolution of marriage. At p. 294, his Lordship observes:
"There is a distinction between 'committing adultery' and 'living in adultery'. Living in adultery means, following in a course of adulterous conduct more or less continuous; a single act of adultery cannot be considered as living in adultery. The words living in adultery' used in Sub-section (4) of Section 488, Criminal Procedure Code, and Section 13 of Act XXV of 1955, are mere-