V BARNARD Vs. MRSAVERIL MAY TRESSLOR BARNARD

JUDGEMENT

(1.) This matter comes before us under Section 17 of the Indian Divorce Act for confirmation of a decree for dissolution of marriage granted by the learned District Judge of Chingleput on the 13 February, 1946. Since it is impossible to confirm the decree and there are matters of irregularity appearing, it is desirable to state the relevant facts and circumstances.

(2.) The husband is the petitioner seeking dissolution on the ground of adultery of his wife, the respondent. According to the petition she deserted him, that is to say, she left his house in Chingleput, about April, 1943 and it would seem that she joined the Women's Auxiliary Corps (India). The petition states that about a year before the date of the petition, which was instituted on the 10 October, I945, the husband was informed that the wife had been court-martialled for improper behaviour at Vizagapatam. It also alleges that before she left his house her conduct was such that he was suspicious of her morality. In the petition it is further stated that the wife, at that time, was employed at Kharagpur, her address being Care of Officer Commanding No. 35/E.C. Platoon W.A.C. (1), Kharagpur, and it is also said that the present whereabouts of the lady were unknown to the husband.

(3.) On the 6 October, 1945, the husband affirmed an affidavit stating that he was not able to know the wife's address, nor the fact whether she was alive or not. It would seem that this affidavit was filed for the purpose of obtaining an order for substituted service of the proceedings by means of an advertisement in an English daily newspaper. From the documents which have been placed before us it would seem that an enquiry was made from the authorities in Delhi seeking the "whereabouts of the wife, and on the 10 October, 1945, a communication was written from Delhi giving the address of the wife as that which was set out in the petition. Subsequently a letter was addressed to the Officer Commanding W.A.C. (i), Kharagpur, to which a reply was sent that the respondent was not serving at that place and that she was unknown. Upon that information the learned District Judge on the 5 December, 1945, directed that service should be effected by a publication in the Civil and Military Gazette, Lahore. The reason for the choice of that newspaper is unknown. The last known address, or rather the last address of which any information was given, accurate or inaccurate, was Kharagpur, which is many hundreds of miles from Lahore and is not in that part of India where the Civil and Military Gazette circulates.