1921. Present : Schneider A.J.

EBERT v. EBERT.

84-P. C. Kalutara, 57,114.

Maintenance-Application by wife-Refusal of wife to live with husband on ground of his adultery-Proof of adultery.

To establish adultery it is not necessary to prove the direct fact of adultery, nor is it necessary to prove a fact of adultery in time and place. The fact may be inferred from circumstances which lead to it by fair inference as a necessary conclusion.

THE facts are fully set out in the judgment.

H. J. C. Pereira, K.C., for defendant, appellant.

Allan Drieberg, K.C., for complainant, respondent.

Cur. adv. vult.

311

February 14, 1921. SCHNEIDER A.J.-

This is an appeal by the husband (defendant), who has been condemned to pay a monthly allowance of Rs. 50 for the maintenance of his wife (the complainant), and another sum of Rs. 50 for the maintenance of the child of their union, which is about six months of age. The wife refuses to live with the husband on the ground of his adultery with a Mrs. Daniel, and also on the ground of cruelty. The latter ground, the Magistrate has held, has not been proved, and rightly so on the evidence. The order is resiste