TAYLOR, F.J
The appellant filed a petition in the Divorce Registry of the High Court of Ibadan seeking the exercise of the Court’s discretion in his favour by decreeing that the marriage solemnized between himself and the respondent on the 24th day of March, 1956 be dissolved, and that he be awarded the custody of the two issues of the marriage.
The grounds on which the exercise of the Court’s discretion is sought are two fold, to wit:-
That the respondent has been guilty of cruelty towards the petitioner, and
That the acts of the respondent had conduced to the adultery of the petitioner with the “woman-named” in the Discretion Statement.
At the hearing of the petition, the petitioner gave evidence and called two witnesses in support of the petition. The respondent, on the other hand, did not appear in person at the hearing, being in the United Kingdom, and no evidence was offered on her behalf. The learned trial Judge dismissed the petition for reasons which will shortly become apparent.…