S.S.Sodhi, J.

1. The matter here concerns confirmation of the decree for dissolution of marriage made by the District Judge, Chandigarh in favour of the wife on the ground that the husband had been guilty of bigamy with adultery.

2. The petition for divorce here had been made by the wife under Section 10 of the Indian Divorce Act, 1869 , on the ground of bigamy with adultery, founded upon the allegation that during the subsistence of their marriage, her husband had without her knowledge and consent married respondent 2 Smt. Ruby.

3. A reference to the record shows that the marriage of respondent Paul Crescent John with the other respondent Smt. Ruby stands admitted by them, as also that this happened during the subsistence of marriage of Paul Crescent H. John with the petitioner Ruth Parveen John. The plea put forth in defence being that the petitioner was not traceable and had not been heard of for several years and it was in these circumstances that the respondents had married each other. Reference was made to various attempts made by the respondents particularly the husband to trace the petitioner.

4. Be that as it may, the fact remains that it was during the subsistence