THOMAS Vs. THOMAS

JUDGEMENT

(1.) In this case we are of opinion that the matter must be remanded to the learned District Judge on the ground that in our opinion the judgment of the learned Judge is not sufficient.

(2.) In the first place there is nothing in the learned Judge's judgment to show that the case comes within the provisions of Section 2 of the Indian Divorce Act, 1869. That section provides that Nothing herein after contained shall authorise any Court to grant any relief under this Act, except in cases where the petitioner professes the Christian religion and resides in India at the time of presenting the petition. There is no finding as to the matters referred to therein. The section further provides or to make decrees of dissolution of marriage except in the following cases:---(a) where the marriage shall have been solemnized in India; or (6) where the adultery...complained of shall have been committed in India.

(3.) All that the learned Judge says in his judgment is as follows:---I am satisfied of the factum of adultery, and that the petitioner has in no way connived at or condoned it. The marriage is therefore declared to be dissolved.