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1927 Supreme(Lah) 162
Lahore High Court
Allan Robert Shaw - Appellant
Versus
Emyly May Shaw - Respondent
Decided On : 24-11-1927
JUDGMENT
1. The District Judge of Rawalpindi has dismissed the petition of one Allan Robert Shaw, for dissolution of his marriage with his wife, on the ground that, while the adultery of the wife had been established, the husband has been guilty of unreasonable delay in presenting the petition. The evidence on the record shows that the offence complained of was committed in the summer of 1921, and that it came to the knowledge of the husband shortly afterwards. He did not, however, make the application for divorce until after the expiry of five years. It is not disputed that there was unreasonable 'delay in presenting the petition, and the explanation offered by the husband to account for the delay has been considered by the trial Judge and found to be unsatisfactory.
2. The learned Counsel for the appellant has again put forward the explanation which has already been rejected by the District Judge, but we do not think that any ground has been established, such as would justify our dissent from the conclusion of the trial Judge. We accordingly dismiss the appeal, but as there is no appearance by or on behalf of the respondent we make no order as to costs in this Court.
