( 1 ) THE instant reference has been made by Sri A. K. Chatterjee, District Judge, Burdwan for confirmation of the decree passed in the Matrimonial Suit No. 70 of 1976 under the Indian Divorce Act. ( 2 ) AN application under sections 10 and 34 of the Indian Divorce Act, 1869, was presented by the petitioner, Brojendra Kumar Ghosh for desolution of marriage of the petitioner with respondent No. 1, Mrs. Arpana Ghosh on the ground that she had been guilty of adultery with the co-respondent No. 2, Sri Dilip Sen and for damages amounting to Rs. 2,000/- against the co-respondent. ( 3 ) BOTH the respondent and co-respondent made their appearance before the Court below, but ultimately the suit was not contested by them and as a result the decree was passed ex parte. ( 4 ) THE petitioner is a Christian by religion and both the parties were domiciled in India for all material times. The petitioner alleged that respondent No. 1 who was married to him had been guilty of adultery with co-respondent since the solemnization of marriage between them. The petitioner who examined himself in Court, stated on oath, that there was no ground to suspect that petitioner had in any manner been accessory to the charge of adultery or that he had condoned the same. On evidence the learned District Judge was of the opinion that there was nothing on record to indicate that the petition for divorce was presented and prosecuted in collusion with the respondents. On evidence it was found by the learned District Judge that the wife, respondent No. 1, was guilty of adultery. In the circumstances, a decree declaring the marriage of the petitioner with respondent No. 1 (sic) was passed and pronounced. It was also found that there was no unreasonable delay in presenting or promoting the petition or the petitioner had deserted and willfully separated himself from respondent No. 1 before the adultery or that he had been guilty of willful neglect or by his conduct had condoned the charge of adultery. ( 5 ) THE learned District Judge also passed a decree for damages of Rupees 1,000/- against co-respondent No. 2. ( 6 ) HAVING gone through the materials on record we are of the opinion that the decree for divorce under section 10 of the Divorce Act was rightly passed. ( 5 ) THE learned District Judge also passed a decree for damages of Rupees 1,000/- against co-respondent No. 2. ( 6 ) HAVING gone through the materials on record we are of the opinion that the decree for divorce under section 10 of the Divorce Act was rightly passed. The decree for a sum of Rs. 1,000/- as damages under section 34 of the Divorce Act also appears to have been rightly passed. In the circumstances we confirm the decree and accept the reference. . . Sen, J. : i agree. Chakrabarti, J. : i agree.