ROSY KURIAN KANNANAIKAL Vs. JOSEPH VERGHESE CHEERAN

JUDGEMENT

(1.) A Full Bench of this Court not agreeing with the view taken by an earlier Full Bench decision in the case of Jayakumar v Smt. Harriet nirmala and observing that "there are number of reference petitions pending in this Court which shall now have to await the decision of the larger Bench", has referred this matter to the Hon'ble Chief Justice to constitute a larger Bench vide its order dated 15-12-2000.

(2.) AS per the direction of the Chief Justice vide order dated 8-3-2002, the matter has been placed before this larger Bench of five Judges with advance notice on 15-3-2002. The points referred for consideration, are:

(3.) THE facts leading to the order of reference are as follows: The petitioner-wife and the respondent-husband are Christians. They were married according to the Christian rites on 28-4-1991 at Bangalore. The petitioner filed the petition in M. C. No. 648 of 1994 under section 10 of the Divorce Act, 1869 (for short, "the Divorce Act") in the family Court at Bangalore, making allegations against her husband with regard to his having relationship with other women, in addition to allegations of sodomy, physical injury, demanding of dowry and subjecting her to mental cruelty stating that she has become an object of divine displeasure. The petition was hotly contested. It was allowed by an order dated 5-12-1998 dissolving the marriage between the contesting parties under the provisions of the Divorce Act.