JUDGMENT

1. On 25th May 1939, the District Judge of Delhi granted a decree dissolving the marriage between Philip and Gladys Hardless. This decree was confirmed by a Full Bench of this Court on 7th July 1939. Mr. Hardless, the petitioner, alleged that his wife had committed adultery with an unknown European and also with Mohammad Habib, a cook. Mrs. Hardless confessed to the adultery with the European and the learned District Judge based his decree on this admission. He found that adultery with Mohammad Habib was not proved. Mr. Hardless has appealed seeking that the High Court should declare that it is proved that his wife committed adultery with Mohammad Habib. He also seeks that sentences in the judgment reflecting on his character should be expunged. He also prays for custody of the child of the marriage, Raymond. Mrs. Hardless has put in a petition for arrears of maintenance for the child.

2. The parties were married in 1932 and Raymond was born in 1933. In 1934 Mrs. Hardless went to England. Shortly before her return at the beginning of the cold weather, Mohammad Habib was engaged by Mr. Hardless as cook. The parties lived together in Delhi till April 1935, when they went to Wa