ELENA MARY GRANT Vs. NORMAN MATING GRANT

JUDGEMENT

(1.) Had there not been one peculiar feature in this petition, a wife's petition for a dissolution of her marriage, I should have contented myself with following the usual practice of granting a decree nisi for a dissolution of the marriage without stating my reasons, being satisfied on the evidence of the allegations in the petition, and the petition being undefended. But all the evidence has been taken in England and I propose to make one or two observations with regard to the matter. The petitioner Elena Mary Grant prays for a dissolution of the marriage on the ground of adultery with a person unknown in July 1933. It has, however, emerged from the evidence in the case that the person unknown is the Nurse Redfern who stayed in a certain hotel in England with the respondent on or about 26 July of that year, that is, 1933.

(2.) The case is a somewhat serious one having regard to the fact that not only all the witnesses for the petitioner, but the petitioner herself, have been examined on commission in England. I should have had very great hesitation in accepting this evidence of the petitioner on commission had it not been for the fact that the petitioner in this case is the wife and, therefore, presumably at the mercy of her husband so far as her means are concerned and necessarily, therefore, with regard to her opportunities to travel. I propose to follow the view taken in England with regard to evidence on commission that is, although evidence was taken de bene esse, I may assume that the petitioner is still abroad and, therefore, unable to come to this Court and give evidence on her behalf. The fact that the petitioner is the wife is a reason in my judgment why I should accept her evidence which was given on commission in England.

(3.) According to the petitioner's case she and the respondent went to and fro from India and cohabited at various places and the last place in India where they cohabited was at Ranchi about the year 1927. I should state at this juncture that both parties are domiciled in India thus giving this Court jurisdiction in the matter.