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Matrimonial Reference No. 1 of 1974/(Divorce Petition No. 5 of 1973, decided on 29th May 1975.
----S. 10‑Dissolution of marriage‑Charge of adultery coupled with desertion‑Divorce petition filed after delay of more than four years---- Mere fact of petitioner's husband returning very late from house of his alleged mistress‑Cannot lead to inference of commission of adultery‑No specific instances of adultery, or dates or place of its commission indicated‑Letters sent from abroad where respondent resided not proved ‑Person to whom such letters sent although residing in Province yet not produced‑Petitioner, held, failed to prove commission of adultery by respondent‑Husband's refusal to give up a friendship claimed to be platonic‑No proof of adultery-- Inference of adultery‑Not to be lightly drawn from evidence of association coupled with opportunity but from such evidence together with evidence of illicit affection or illicit familiarity.
Halsbury's Laws of England, Vol. XII, 3rd Edn., p. 237 ref.
Woof v. Woolf 1931 P D 134 ; Getty v. Getty (1904‑1907) All E. R (Reprint), p 741; Felix Edward Geyer v. M. M. Geyer and another A I R 1949' Lah. 34 and Isac Nazirullah v. Dr. Dorothy and others P L D 1967 Lah. 7311 distinguished.
Muhammad Naeem for Petitioner.
Respondent (absent).
Dates of hearing : 19th and 26th May 1975.
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