| Case ID |
ea26c87f-dd2f-4668-a381-e39f0211b56a |
| Body |
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| Case Number |
Matrimonial Appeal No. 4 of 1947 |
| Decision Date |
Jul 20, 1951 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of Major Hugh John B-Ur-Ns Jones, granting a decree nisi for the dissolution of his marriage with Mrs. Christine Mary Margaret B-Ur-Ns Jones. The court concluded that while adultery had been established, the petitioner was not guilty of connivance, as he had no corrupt motive nor did he condone the behavior of his wife with the co-respondent, Colonel Patrick E. Brown. The court emphasized that the lack of caution on the part of the petitioner was not equivalent to connivance. The judgment highlighted that the petitioner had reasons to trust the character of both his wife and the co-respondent, leading to the decision to grant the divorce without awarding damages or costs to either party. |
| Summary |
In the case of Major Hugh John B-Ur-Ns Jones vs. Mrs. Christine Mary Margaret B-Ur-Ns Jones and Colonel Patrick E. Brown, the Lahore High Court addressed issues surrounding adultery and connivance under the Matrimonial Causes Act, 1937. The appeal emerged from a petition for the dissolution of marriage due to alleged adultery committed by Mrs. Jones with Colonel Brown. The court found substantial evidence of adultery but ruled that Major Jones did not connive at the infidelity, as he was unaware of any misconduct until he caught the parties in an intimate situation. The court's decision to grant the decree nisi was based on the interpretation of connivance, confirming that mere association does not equate to complicity in marital misconduct. This case serves as a pivotal reference for issues of trust, fidelity, and the complexities of marital relationships within the legal framework, especially under the 1937 Act. The ruling emphasizes the importance of clear evidence and the burden of proof in cases involving allegations of connivance and adultery, making it a significant precedent in family law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, A. C.J.,
MUHAMMAD KHURSHID ZAMAN, J
|
| Lawyers |
N. Edmunds,
M. Anwar,
G. H. Lodhi
|
| Petitioners |
Major HUGH JOHN B-UR-NS JONES
|
| Respondents |
MRS. CHRISTINE MARY MARGARET B-UR-NS JONES,
COLONEL PATRICK E. BROWN
|
| Citations |
1952 SLD 86,
1952 PLD 138
|
| Other Citations |
1945 (2) All England Law Reports Annotated p. 190,
3 Hagg. Ecc. 87 printed in 162 E. R. p. 1090,
Moorsom v. Moorsom 3 Hagg. Ecc., 87 printed in 162 E. R. page 1090
|
| Laws Involved |
Matrimonial Causes Act, 1937
|
| Sections |
178(1)
|