P. B. MUKHARJI, J.

( 1 ) THESE proceedings have come up before us for confirmation under Section 17 of the Indian Divorce Act. The learned Judge decreed the suit exparte without costs subject to confirmation by this Court. The petition was by the husband against the wife for dissolution of the marriage.

( 2 ) THE petitioner examined himself and called his mother as a witness. On that evidence the learned Judge gave the decree as aforesaid.

( 3 ) THE learned Judge treats this petition as one under Section 10 of the Indian Divorce Act on the ground of adultery coupled with desertion without reasonable excuse for more than two years. Unfortunately he has failed to notice that the word "adultery" was not even alleged in the petition. Paragraph 5 of the petition says that "the respondent used to bring people into the house and used to pass nights with them. " That, in our opinion, is not enough assertion and allegation of the actual act of adultery. Adultery must at least be averred and alleged in the petition under Section 10 of the Indian Divorce Act and reasonably proved. In fact the petitioner in his evidence also uses the same expression, namely, "my wife used to bring young men

Click Here to Read the rest of this document