M BARNARD Vs. GHBARNARD

JUDGEMENT

(1.) This is a petition by Margaret Barnard praying for a dissolution of her marriage with the respondent George Henry Barnard on the ground of his adultery with a woman unknown on 17 November 1927. The petitioner was married to the respondent on 18 October 1917 according to the rights of the Christian Church at the Wesleyan Churoh at Jhansi. At the time of the marriage the respondent was domiciled in England and before her marriage the petitioner was also domiciled in England and after the marriage they retained their English domicile. It was duly averred in the petition that the respondent at the time of the presentation of the petition was domiciled in England. It may therefore be taken that when this petition was filed both the parties to the marriage were domiciled in England. Both the parties to the marriage profess the Christian religion. It appears from the evidence of the petitioner that after her marriage she and the respondent lived and cohabited together first of all at Jhansi and afterwards at No. 5, Carnac Street, Calcutta and finally at No. 9 Rawdon Street in Calcutta, and therefore the place where the parties last resided together was within the jurisdiction of this Court.

(2.) The suit was brought under the Statute 16 and 17, Geo. V. Ch. 40, which is the Indian and Colonial Divorce (Jurisdiction) Act, 1926, and accordingly the petition was in the form required by the rules made under that Act which form is similar to that of the petition for dissolution of marriage in use in England. The petitioner as required by Prov. (a), Section 1, Sub-section (1) of the Statute (16 and 17 Geo. V. Ch. 40) stated in para. 9 of her petition that in the interest of justice it is desirable that this suit should be determined in India inasmuch as the petitioner for want of sufficient means was prevented from taking proceedings in the Courts in England and the witnesses to the charge of adultery are in Calcutta.

(3.) So far as the facts of the case are concerned the petitioner has established to my satisfaction all the necessary formal averments in her petition and she has proved before me that the respondent has been guilty of adultery as alleged in para. 8 of the petition.