The court found no evidence that plaintiff was unfit to have custody of the child, and the record suggests that he caused inquiry to be made by the Department of Family Services as to plaintiff's arrangements for the care of the child. Defendant cites certain language in Nye v. Nye, 411 Ill. 408, 105 N.E.2d 300, and Wachowski v. Wachowski, 86 Ill. App.2d 145; 229 N.E.2d 149. Nye concerned proceedings for a change of custody after a decree which had provided for the custody in the mother upon an agreement of the parties. So far as the opinion shows, the wife's misconduct at issue was subsequent to the divorce, and the court emphasizes that her misconduct was not actually proven.

Bond to be recorded in the Recorder of Deeds Office," we decline in this instance to exercise our powers pursuant to Rule 366 and suggest that any further application be made to the circuit court. See Wachowski v. Wachowski, 86 Ill. App. 2d 145, 150 (1967).¶ 45 III.

It is significant to note that neither this defendant nor Cipriani specifically denied any intimacy. In Wachowski v. Wachowski, 86 Ill. App.2d 145, 229 N.E.2d 149 (1967), the court at page 148 expressed language most appropriate to the case at bar: "Plaintiff is quite correct in her assertion that before a court will enter a decree based on adultery, the evidence and proof must convince the mind affirmatively that actual adultery was committed, since nothing but the carnal act can lay the foundation for a divorce on those grounds.