D'Oyley against D'Oyley

This was a suit for divorce on the ground of adultery, promoted by Mr. John Hadley D'Oyley, of the East India Company's service, against Charlotte D'Oyley, his wife. The parties were married in 1818, at Calcutta, and cohabited in India till 1825, when the children, three in number, being in ill-health, Mrs. D'Oyley brought them to England, and resided for some time with some members of her husband's family. In the spring of 1827 she took lodgings in Baker-street, and formed an acquaintance with Lieutenant Bevill, of the 5th Light Dragoons, with whom she carried on an adulterous intercourse at Gloucester, Malden, and Leeds, having passed at the latter place as Mrs. Bevill. The Rev. Mr. Snow, the brother-in-law of Mr. D'Oyley, traced her thither, and found her far advanced in pregnancy. She confessed the adultery to Mr. Snow, and subsequently wrote a contrite letter to her husband, praying him not to expose her. An action was brought against Mr. Bevill in a court of law, and a verdict of 1,000l. damages obtained by the husband.

Dr. Phillimore opened the case shortly on behalf of the husband; and the King's Advocate, for Mrs. D'Oyley, said he could not oppose the effect of the evidence.

Sir J. Nicholl considered that the marriage, cohabitation, and adultery, were fully proved, and that the husband was entitled to the sentence of separation which he prayed.

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