R S MANUAL RAJU Vs. MARY SARA

JUDGEMENT

(1.) This is a reference made by the Principal Civil Judge, shimoga, for confirming the order passed for judicial separation passed by him on 13 2 1981 in Matrimonial Case No. 33 of 1980, on his file.

(2.) The husband who was the petitioner before the learned Civil Judge, made an application under S. 22 of the Indian Pivorce Act, 1869 (to be referred to as 'the Act'), praying for judicial separation from his wife the respondent in the petition. The learned Civil Judge has allowed the petition. He has, however, in the course of his final order, stated : 'The application is allowed. The case be sent to the High Court of Karnataka as provided under the Indian Divorce Act for confirmation".

(3.) It is obvious that the learned Civil Judge has not cared to look into the provisions of the Act. There are only two sections in the Act which provide for confirmation of the order passed by the Civil Judge or the District Judge, as the case may be, and they are Ss. 17 and 20.