ARNOLD Vs. ARNOLD

JUDGEMENT

(1.) In this case the petitioner asks for the dissolution of her marriage with the respondent on the grounds of adultery and cruelty. He has been served with a notice by the petitioner. But he has entered no defence on either of the charges and he does not appear in this appeal. Adultery has been sought to be proved in this case both by admissions oral and documentary and other acts from which it is contended adultery should be inferred. In particular in a letter of 23rd April, 1910, which wrote to the petitioner, he Writes as follows : "I believe that you are charging me with, adultery with a certain lady in the Company and cruelty in Calcutta, both of these charges I am bound to admit to, as you have probably 3ecured substantial proofs as to the cruelty which has occurred during passion I sincerely regret. I shall not defend the case under the circumstances." I have no doubt that "the lady in the Company" is Miss Kneller, There has been no question of any other.

(2.) Another letter has been proved dated the 30th November 1910 in which with other things he states "I can t go away without writing and wishing you good-bye. I would have said good- bye personally, only I suppose my presence would have been distasteful to you. I am sorry we have finished up like this. I know I am losing & good woman, for I believe you to be good and trust you will always try and be so."

(3.) From the evidence of McGrarth it appears that the respondent was very fond of Miss Kneller, a member of the Company and on one or two occasions he asked McGarth not to speak to his wife about it.