Ramaswami, J.

1. This appeal is presented under the Letters Patent by the petitioner Ernest John White against the judgment of Mr. Justice Shearer who dismissed the application of the petitioner for dissolution of his marriage with respondent Mrs. Katheleen Olive White on account of adultery.

2. The petitioner and the respondent were married at Kharagpur on 3-2-1943 by a clergyman of the Church of England. The petitioner was aged 28 years and the respondent was 30 years old at the time of the marriage. After their marriage, of which there is no issue, they resided at Rose Villa in Samastipur. The co-respondent No. 1, Mr. Oman, lived with his mother in a house called, Sunny Nooks which was adjacent to Rose Villa and separated only by a bamboo fencing. The petitioners mother had a brother Harry DCruz who was the proprietor of the Bokhraha Indigo Factory which is situated at Dhang in Samastipur Sub-division. Harry DCruz died on 5-5-1950. But since he was in indifferent health some time before his death the petitione used to go to Dhang to assist him in the manage ment of the Zamindari property. Harry DCru. had bequeathed one-half of his estate to the pet; tioner and the other