DAISY AMELIA BORGONHA Vs. WILFRED CHURCHILL BORGONHA

JUDGEMENT

(1.) This is a wife s petition for divorce on the ground of her husband s adultery, cruelty and desertion.

(2.) The case is undefended but raises a question of some importance, viz., whether this Court Las jurisdiction to hear a petition where the parties last resided together outside the jurisdiction, but at the date of the petition are residing within the jurisdiction, separately and not together. This depends on the directions given in Section 3(1) of the Indian Divorce Act (IV of 1860) as to which High Court petitions under that Act are to be presented.

(3.) The point was not raised until after the bulk of the evidence had been taken. I will accordingly deal with the matter in the same order, and state the facts first.