MRS MARY REBERIO Vs. VSREBERIO

JUDGEMENT

(1.) This is a case which has been referred to the High Court by the learned District Judge for confirmation of a decree which the learned Judge made in favour of the petitioner dissolving her marriage with the respondent.

(2.) The learned Judge found that the husband bad deserted the petitioner for nearly six years and had not maintained her and her child and that he had been guilty of habitual cruelty and adultery. The learned Judge then said that prima facie the petitioner was entitled to the relief asked for. It appears, however, that the petitioner admitted that she had given birth to a child about a year ago and that the child was not her husband s. The question, therefore, arises, under the proviso to Section 14 of the Divorce Act, whether the Court, in the exercise of its discretion, should have granted a decree. The proviso to this section is similar to the proviso to Section 31 of the Matrimonial Causes Act. In respect of that proviso, it has been held in several cases that the fact that the husband caused or conduced to the wife's adultery by his own wilful neglect or misconduct may be taken into consideration.

(3.) One of the cases is Symons V/s. Symons, [1897] P.D. 167, Sir Francis Jeune is reported to have said as follows: After very careful consideration, I have come to the conclusion that it is safe and proper to hold that the circumstance which may be considered in exercising this discretion should include the case of a husband causing or conducing to his wife's adultery by his own wilful neglect or misconduct;