LAWS(P&H)-1953-10-12

P DASS Vs. NISCHINTA DAS

Decided On October 05, 1953
P. DASS Appellant
V/S
NISCHINTA DAS Respondents

JUDGEMENT

(1.) This is an application made by Lt. Col. P. Dass for confirmation of the decree 'nisi' passed by the District Judge of Delhi on the 16th of June, 1950, dissolving the marriage between the petitioner Lt. Col. p. Das and his wife Nisehinta Dass on the ground of her adultery with Ram Kumar Gai who was the co-respondent in the petition.

(2.) On the 31st of December, 1949, the petitioner, Lt. Col. P. Dass filed an application in the Court of the District Judge, Delhi, alleging that he was married to the respondent under the Special Marriage Act of 1872, that there were two children of the marriage - both sons - and that the parties last resided together at Delhi from where the respondent Nischinta Das deserted on the 14th of August, 1946, and all attempts made by him to get her to come back were of no avail. Continuing the petitioner alleged that the respondent started leading a fast life about two years after the marriage and began to neglect the children and while he was away from India on military service the respondent lived alone at Lahore & committed adultery with various persons. In paragraph 7 he alleged that she had committed adultery in Lahore and after deserting him in August 1946 she was living in adultery with the co-respondent in Delhi, Amritsar, Lahore, Bombay, and various otner places and was at the time of the petition living in adultery with the corespondent at 76, Marine Drive, Bombay. He stated in this petition that she had sued for divorce in the High Court of Judicature at Bombay on the 31st of May, 1949.

(3.) The learned District Judge on the evidence which was produced before him held that adultery by the wife was proved. He also took into consideration the delay in bringing the petition for divorce, the explanation given to the learned Judge being that although the petitioner came to know of his wife's adultery in December 1946, he did not file a petition for three years because he was making every effort to persuade his wife to come back which explanation was accepted by the learned Judge to be reasonable and a decree 'nisi' was made thereupon.