Nevaskar, J. - (1.)THIS appeal arises out of a petition submitted by plaintiff Major Stanley Barker for dissolution of his marriage with the respondent Mrs. Patricia May Barker and for the custody of their only surviving child Miss Yvonne Anne Barker.
(2.)THE petitioner Major Barker was married to the respondent on 19 -1 -1940 at St. Mary's Church, Parel, Bombay. At the time of marriage he was a bachelor and respondent, who was then Patricia May Bills, was a spinster. It is alleged that after this marriage the petitioner lived and cohabited with his wife at Bombay, Poona, Agra, Ranchi, Dinapore, Namkum, Bangalore, and lastly they lived, cohabited and resided together at Mhow from about March, 1950 to about February, 1931. They had two issues of this marriage, a (laughter born on 26 -6 -1940 and a son Stanley Barker born on 30 -11 -1943. The latter died on 5 -7 -1951.
The petitioner in his petition referred to respondent's misconduct during the period of his absence from India for service abroad during war and further that on his return from overseas service in about July or August, 1947, he condoned her for her past misconduct because of their children and they resumed cohabitation. He was transferred at various places thereafter, viz., Agra, Dinapore, Ranchi and Bangalore and the respondent lived with him at those places. From Banglore he was posted at Mhow where too she lived with him during the period mentioned above.

In February, 1951 the respondent went to McCluskiegunj where petitioner's aunt was residing as she wanted to see their children who were receiving education at Ranchi. She lived there for some time at the place of his aunt and later began to live separately. There, it is said, she developed an affair with the co -respondent. In July, 1951 their son died in the school at Ranchi. The respondent thereafter went to Banglore. Then the petitioner learned from his friend Mr. Aziz Eisa that she was indulging in adultery there and he thereupon asked Mr. Aziz Eisa to collect materials about this fact. Mr. Eisa sent letters dated 11 -9 -1951 Ex. P/4 and dated 23 -10 -1931 Ex. P/7 alleged to have been sent to the respondent by the co -respondent suggesting their adulterous connection.

On further enquiries by him in February 1952, the story about the adulterous connection between the respondent and co -respondent was confirmed and respondent herself, it is said, admitted her guilt in that regard. On learning this the petitioner never thereafter cohabited with her. Petitioner also relied upon a letter dated 2 -11 -1952 said to have been written by the respondent wherein she has admitted the fact that she had been in love with the co -respondent at McCluskiegunj and that there they lived as man and wife. The petitioner further averred that he, being in Army Medical Corps, was required to send Rs. 250/ - per month as allowance to the respondent. His case is that after the respondent went to McCluskiegunj he neither cohabited with her nor condoned her for her adultery with the co -respondent.

On these allegations the petitioner prayed for dissolution of his marriage with the respondent.

(3.)NEITHER the respondent, nor the co -respondent appeared at the hearing. Respondent sent a written statement by post. The case was however ordered to proceed ex parte against her as she failed to appear.
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