ERIC GEORGE DAY Vs. CONSTANCE MURIEL DAY

JUDGEMENT

(1.) THIS is a petition filed by a husband under the Indian Divorce Act for a declaration of nullity of his marriage with the respondent, for a declaration that the respondent be presumed to be dead in law not having been heard or for more than eight years, as well as for a decree for divorce in favour of the petitioner.

(2.) THE short facts necessary for the purpose of this judgment are that the petitioner is an Indian Christian and was married to the respondent at Nagpur on February 28, 1946 at a Protestant Church. It may be stated that the petitioner himself as well as both his parents are Catholics, but the respondent was a Protestant. After the marriage, from July 1956 till about May 1958, the parties resided together in Bombay. In May 1958, the petitioner was transferred to the Madras branch of the firm in which he was serving, but as there was no proper accommodation available at Madras, the respondent remained behind in Bombay. The petitioner's case is that in November 1'958 he was surprised to receive in Madras a letter dated November 15, 1958 from the respondent from Bombay (exh. 'D'), in which she stated that she was taking herself off the hands of the petitioner and had decided to be on her own. The petitioner's case is that he was so upset on receiving that letter that he left service and came to Bombay where he made all possible inquiries in order to trace the respondent but could not find her anywhere, and that he actually got a Public Notice published in the 'Free Press Journal', but there has been no trace of the respondent at any time till now. The petitioner has, therefore, filed the present petition for the reliefs already stated by me above.

(3.) THE petitioner has examined himself in support of his case and has deposed to the facts already stated by me above. It is unnecessary for me to repeat the same.