LAWS(BOM)-1943-6-8

PAUL ENGEL Vs. EDITH ENGEL

Decided On June 18, 1943
PAUL ENGEL Appellant
V/S
EDITH ENGEL Respondents

JUDGEMENT

(1.) THE parties in this suit are respectively husband and wife, and the claim is by the husband for dissolution of marriage on the ground of the wife's adultery with a man whose identity is unknown to the husband and (because she refuses to disclose it) to the Court. THE suit is not defended, and there is a satisfactory affidavit of service.

(2.) IT is clearly proved that the wife did commit adultery in Bombay on the night of February 2 last, and I only took time to consider my judgment because I felt a little doubt as to the appropriate form of decree in view of the peculiar status of the parties.

(3.) THEY left Austria, and after sundry wanderings made their home in Bombay. The plaintiff (whose evidence I see not the slightest reason to doubt) tells me that his intention was and still is to make his home here. If after the war Central Europe should again become a place fit for Jews-or any other civilized people-to live in, he might, he says, go back there for a visit, but he has no idea of ever making his home in Austria again; and as he is a stateless person it is, anyhow, only his native land in a historical sense.