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David Alias Balasaheb Sunderrao ... vs Kalpana Alias Mai Alias Vijayamala ... on 12 December, 1974
cites
Section 7 in Indian Divorce Act, 1869 [Entire Act]
Indian Divorce Act, 1869
The Hindu Marriage Act, 1955
Section 12 in Indian Divorce Act, 1869 [Entire Act]
Section 2 in Indian Divorce Act, 1869 [Entire Act]
Ramesh Ramanlal Saraiya vs Kusum Madgaokar on 6 April, 1948
Relying upon the separate judgment of Tendolkar J. in Ramesh Saraiya v. Kusum Madgaokwr, which was no doubt a concurrent judgment with that of Chief Justice Chagla, on the question of interpreting Section 7, Mr. Sethna submitted that the Court should not be afraid of the consequences if for the correct interpretation of Section 7, the Court has to follow the principles and rules on which the English Court in divorce and matrimonial cases for the time being act and give reliefs and has to expand the meaning of the word 'fraud' and even has to differ from what has been laid down in Moss v. Moss. According to Mr. Sethna, taking into consideration the development of law on the subject in England and looking to the present trend, the Court should not be hesitant to apply even to the contract of marriage the same principle which would otherwise apply to any other civil contract.