STANLEY WILFRED D'SILVA Vs. AGNES D'SILVA

JUDGEMENT

(1.) WE have before us an order passed by the learned District Judge, U. A. D., dated 4th April 1951, by which he dissolved the marriage of the petitioner and the respondent subject to confirmation by this Court. When this matter came before us at a previous hearing, we remanded the case for a finding on the following issues : (1) Whether the parties were domiciled in the Indian Union at the time of presentation of the petition ? (2) Whether there has been collusion between the parties ? (3) Whether there has been any connivance? A report on these issues has now been received, but we find that no specific allegation of adultery was made in the plaint. All that is stated in para. 4 of the plaint is this :

(2.) ACCORDINGLY , we set aside the decree dissolving the marriage of the petitioner and the respondent, and order a re -trial of the petition. The trial Court should call upon the petitioner to give further and better particulars as to his allegation of adultery contained in para 4 of the petition. At the conclusion of the re -trial, the trial Judge is directed to give findings on all the relevant issues, including the 3 issues upon which we had remanded the case to the trial Court in the first instance.