MARIE BAKER Vs. MELVILLE BAKER

JUDGEMENT

(1.) This is an undefended cause promoted by the wife and commenced on 18.1.1966 in which she claimed at the hands of the learned District Judge, 24-Parganas a divorce by reason of her husband's desertion and adultery with a married woman named Mrs. A. E. Wollocombe.

(2.) The petitioner alleged that the cause of action had arisen since 1954 but that the wife "owing to short of funds and other various unavoidable circumstances" could not file the petition earlier and begged to be excused. It prayed the Court to pronounce a decree declaring the marriage, solemnized on May 5, 1948 according to Christian rites, dissolved. The petition came on for proof. The respondent husband did not contest. The wife along with another woman deposed but they were not cross-examined. Adultery and desertion were proved. The learned Judge decreed the suit ex parte subject to confirmation by this Court.

(3.) The only and all important question in this reference is, has the petitioner been guilty of unreasonable or culpable delay in presenting the petition: in other words, whether we should confirm the decree of dissolution of marriage, in the absence of any finding or even observation by the Court below about the delay of more than 12 years in presenting the petition and even when not a word is said by the wife petitioner in verbal evidence about the shortage of funds or about other various and unavoidable circumstances causing the delay in filing the petition.