- (1.) The petitioner Alfred Stanley Barett filed a petition under Section 10, Divorce Act for dissolution of his marriage with the respondent, Mrs. Kathleen Barett, on the ground of her adultery with the co-respondent Lachhmi Chand Srivastava. It was stated that the parties were married on 19th August 1937, at the Catholic Church, Cawnpore, that they were domiciled in India and that both of them were Roman Catholic Christians. The petitioner alleged that he and his wife lived together happily till 1938 when he noticed a strange change in the behaviour of his wife and that she finally left him in October 1944 from Partabgarh where the petitioner was posted. The petitioner alleged that there was an exchange of love letters between his wife, the respondent, and the co-respondent; that his wife stayed at the Royal Hotel, Lucknow, with the co-respondent on 31st August 1943; that both of them stayed at the Hotel under the name of Mr. and Mrs. S. P. Singh; that the respondent and the co-respondent used to go about in trains as husband and wife and that after his wife left him in October 1944, the petitioner put in an advertisement in the Statesman of 4th July 1945, disclaiming any responsibility for the debts incurred by his wife as she had left his protection. It was stated that the cause of action accrued on 31st August 1943 and on other dates at Lucknow. A decree for dissolution of marriage was prayed for and damages to the extent of Rs. 10,000 were claimed against the co-respondent.
(2.) The respondent, in spite of an opportunity having been given to her, did not file any written statement, but her counsel contended before the Court that on the allegations in the petition the trial Court, that is, the District Judge of Lucknow, had no jurisdiction. In this he was joined also by the learned counsel for the co-respondent. Adultery on 31st August 1943, was denied.
(3.) The following four issues were framed: (1) Whether the respondent committed adultery with the co-respondent at the Royal Hotel, Lucknow, on 31st August 1943. (2) Whether there is any connivance or collusion between the petitioner and the respondent No. 1? (3) Is the petitioner entitled to a decree for damages against the co-respondent? If go, to what amount? (4) Has this Court jurisdiction to try the suit?;