P NIRMALA Vs. R ANTHONY RAJ

JUDGEMENT

(1.) This reference under S.17 of the Divorce Act is by the III Addl. Judge, City Civil Court, Bangalore City, seeking for confirmation of the decree dt. 24-7-1981 passed by his predecessor, for dissolution of marriage, by his letter dt. 20-4-1982.

(2.) The petitioner, Nirmala was married to the respondent R. Anthony Raj on 26-4-1967 at St. Joseph's Church, Mysore and according to her they lived together as husband and wife till 16-10-1977. They were last residing in Bangalore. A boy and a girl are born to her out of the wedlock. She has further averred that when the charm of married life faded, the respondent started illtreating her. She has particularly averred that she was illtreated by her husband during the months Oct. 1975, Dec. 1975, Mar. 1976 and Oct. 1977. She also averred in her petition that her husband committed sodomy on her and sought for dissolution of marriage.

(3.) The husband remained absent during hearing. The petitioner filed an affidavit in proof of her allegations made in the petition; and the learned Presiding Officer relying on the averments in the affidavit proceeded to pass a decree as prayed for. He did not even observe that the decree was subject to confirmation by this Court in his judgment and order as required under S.14, read with S.17 of the Divorce Act. Thereafter, however, a memo was filed by the learned Counsel appearing for the petitioner pursuant to which a reference under S.17 of the Divorce Act is made to this court for confirmation of the decree for divorce by the succeeding Presiding Officer, by a letter addressed to the Registrar dt. 20-4-1982 and it is that way that this reference has come up for consideration before this Court.