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Stephen Vs. Stephen - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Judge
Reported in(1890)ILR17Cal571
AppellantStephen
RespondentStephen
Cases ReferredKing v. King I.L.R.
Excerpt:
divorce act (iv of 1869), section 16, clause (c) - divorce--intervenor--procedure, after decree nisi on application by respondent for liberty to intervene. - wilson, j.1. in this case i shall follow the view of the law taken in the bombay high court in king v. king i.l.r. 6 bom. 416. the result will be that the affidavits filed by the respondent and others in this matter will be put up with the record of the suit. following the bombay case, i shall not, when the matter comes on for the decree to be made absolute, allow the respondent to be heard; but, as in the bombay case, information will be given to the attorney for the petitioner that the decree will not be made absolute till the matters set out in the affidavits alleging collusion have been cleared up. she may take what course she may be advised for the purpose of clearing up the matters alleged in the affidavits on that subject.
Judgment:

Wilson, J.

1. In this case I shall follow the view of the law taken in the Bombay High Court in King v. King I.L.R. 6 Bom. 416. The result will be that the affidavits filed by the respondent and others in this matter will be put up with the record of the suit. Following the Bombay case, I shall not, when the matter comes on for the decree to be made absolute, allow the respondent to be heard; but, as in the Bombay case, information will be given to the attorney for the petitioner that the decree will not be made absolute till the matters set out in the affidavits alleging collusion have been cleared up. She may take what course she may be advised for the purpose of clearing up the matters alleged in the affidavits on that subject.


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