The facts of the case may briefly be stated. A negotiated' marriage of the petitioner, Nihoto Seema, and the respondent, Kanili Kini Limi, took place in 1980. The parties are Christians. The marriage was solemnised in a local church in the presence of the witnesses, elders and parents of the parties. A daughter was born of their wedlock in the year, 1981. The name of dau­ghter is 'Vni' and she is aged about 31 at present.

2. On 17.4 85 respondent, Kanili Kini Limi presented a petition to the court of the Additional Deputy Commissioner (J) Dimapur, for dissolution of the marriage against the petitioner Nihoto Sema, under Section 10 of the Indian Divorce Act, 1869 (for short the "Act") on the ground that the petitioner has been guilty of adultery coupled with cruelty. In the petition, the pe­titioner has prayed for interim custody of the minor child "Vni' v pending the hearing of the petition on the ground that the petitioner, Nihoto Sema, on 22.3.85 took the child 'Vni' away from Nursery Class of Montessori School, Dimapur without the knowledge and consent of the respondent and that at the time of the filing of the petition, she was separated from her child. On 17.4 85, the learned A

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