Section 7 of the Indian Divorce Act, 1869, which directs courts to follow the principles and rules of the English Divorce Court, is subject to the provisions of the Act and cannot be used to introduce grounds for dissolution of marriage that are not expressly provided in Section 10 of the Act.

JUDGMENT :- This suit filed by the husband under Section 10 of the Indian Divorce Act, 1869 (Act IV of 1869) hereinafter referred to as the Act raises an important question about the scope of Section 7 of the Act. The petitioner married the respondent on 16th September 1935. He has alleged that after the marriage they lived together for some time when the respondent gave birth to three children, that all the three children are married, that in or about May 1952 when the couple were living at Bhuvanagiri the respondent deserted the petitioner against his will and without reasonable cause and went away, that the enquiries made by the petitioner about the respondent proved futile and that inasmuch as the respondent's whereabouts are not known from 1952, it should be presumed that she is dead. The petitioner prays that a decree for dissolution of the marriage may, therefore be granted. The respondent could not be served in person and service was effected by substituted service.

2. The question for consideration is whether upon the presumption which the petitioner wants to draw as regards the death of the respondent, dissolution of the marriage can be decreed under Sec. 10 of the Act. Section 10, which provides for dissolution of marriage, consists of two parts. The first part deals with a case where a husband can present a petition for dissolution while the second part deals with the case where a wife can present a petition for dissolution. So far as this case is concerned, it is necessary to note only the first part which runs thus :-

"Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery."

According to the above provision, the husband is entitled to present a petition for dissolution of the marriage only on one ground, namely, that the wife has, since the solemnization of the marriage, been guilty of adultery. Mr. Athanasius, appearing for the petitioner, contended that by virtue of Section 7 of the Act this Court is to act on principles of English Divorce Court, that under Section 16 (1) of the English 'Matrimonial Causes Act, 1950, which provides for the dissolution of marriage, if the husband or wife can be presumed to be dead on the ground of not being heard of for more than seven years, this Court can grant decree for divorce. Section 7 of the Act reads thus :

"Subject to the provisions contained in this Act, the High Court and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts; are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief: Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded." Though this Act was passed in the year 1869 and has been amended several times, no additional ground for dissolution of marriage was provided in Section 10 in any of those amendments. Contrast with this position, some enactments made by the Indian Legislature for dissolution of marriage may be adverted to. Section 27 (h) of the Special Marriage Act, 1954, provides for a decree for dissolution on the ground that the respondent has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive. To the same effect is Section 13(1) (vii) of the Hindu Marriage Act, 1955, providing for a decree for dissolution if the husband or the wife is not heard of for a decree for dissolution if the husband or the wife is not heard of for the above said period.

3. The question, under these circumstances