FORRESTER Vs. FORRESTER

JUDGEMENT

(1.) In this case the wife brought a petition for dissolution of marriage against her husband on the ground of adultery. The suit was brought under the Indian and Colonial Divorce Jurisdiction Act of 1926. At first instance, the wife obtained a decree and, an appeal being taken by the husband, the appeal Court reversed that decree and dismissed the suit of the wife.

(2.) During the proceedings on the original side, various orders wore from time to time made for security for costs to be given by the husband in respect of the costs which the wife was incurring in prosecuting her suit in the trial Court. When the decree for divorce was set aside, this Court made an order, which was expressed to be conditional upon the result of an application which might be brought within a limited time by the husband asking for an enquiry into the question whether the wife had sufficient separate estate of. her own. Subject to that condition, the Court ordered that the amount of security which was in the neighbourhood of. Rs. 4,000, and which had been given by the husband in respect of the wife's costs on the original side, should be paid to the wife for her costs of the trial. As regards the wife's costs of the appeal, the Court, subject to the same . condition, directed that the husband should pay those costs. It appears that in addition to the security which was given for the costs of the trial, a sum of Rs. 650 was given as security for the wife's costs of the appeal and, at the hearing of the appeal an order for further security was asked for on behalf of the wife.

(3.) Now, at the time when this Court made the order as to costs to which I have referred, a certain amount of argument was addressed to us with a view to showing that the wife was at all events entitled to be paid her costs of the appeal, although she was unsuccessful. Notwithstanding that argument, the Court definitely made the order as to costs conditional upon the result of an application to enquire as to whether the wife had sufficient separate estate.