Rajamannar, C.J. - This is a wife’s petition for divorce under section 10 of the Indian Divorce Act. The parties are Indian Christians and were married according to Christian rites on the 18th June, 1929, at Siluvaipuram, Tirunelveli District. The grounds on which dissolution of the marriage was sought were (1) the husband’s adultery coupled with such cruelty as, without cruelty, would have entitled her to a divorce a mensa et toro and (2) adultery coupled with desertion without reasonable excuse for more than two years since 15th August, 1953. The only material evidence tendered by the petitioner was oral. She examined herself and another witness. The allegations in the petition as regards adultery were extremely vague, viz., that the respondent had contracted intimacy with some women. The petitioner’s evidence on this point was confined to a mere statement that the respondent was keeping a woman. The testimony of the other witness does not carry us further, for he too only says that the respondent was keeping another woman. On this evidence, it is impossible to return a finding of adultery on the part of the respondent. There is no proof of desertion. There is, however, evidence

Click Here to Read the rest of this document