Mrs. E.V. Desilva vs E.T. Desilva and Another

O. Chinnappa Reddy, J.—This is a reference u/s 17 of the Indian Divorce Act for confirmation of the decree nisi granted by the learned District Judge, Chandigarh, for dissolution of marriage. The wife applied for divorce on the ground that her husband was living in adultery with one Miss C. Hughes at Delhi, where he was working. The wife, who was also at Delhi previously, was transferred to Chandigarh in January, 1968. Her husband used to visit her occasionally. He started reducing his visits from 1971 onwards and from January, 1972, he altogether stopped visiting her. She went to Delhi three or four times and found that the husband was living with Miss C. Hughes. He told her that he was staying as her paying guest. When the wife asked if she could stay with him for some days, he refused. On one occasion when she paid a surprise visit, she found in her husband''s bed room one bed with two pillows and the belongings of a lady. The husband remained ex parte before the District Judge. The evidence of the wife went uncontradicted. Her evidence clearly shows that the husband deserted her from January, 1972. From the other facts stated by her the inference is irresistible that the husband was living in adultery with Miss C. Hughes. The decree-nisi is, therefore, confirmed.