KATHERINE Vs. SAMUEL DENIAL CHAND

JUDGEMENT

(1.) This petition is filed by the petitioner for divorce under Section 10 of the Indian Divorce Act(for short 'Act') or in the alternative for Judicial separation under Sections 22 and 23 of the Act. The petitioner is the wife of respondent who are Christians by religion. It is stated in the petition that the marriage between the parties was solemnised on 20/10/1993. at Sacred-Heart Cathedral, Delhi in accordance' with the Christian' Marriage Laws, customs and Ceremonies. They do not have any "children out of their wedlock The status, age and place of residence 'of the petitioner and the respondent before marriage and at the time of presentation of petition are as under : <FRM>JUDGEMENT_141_ILRDLH7_2001Html1.htm</FRM>

(2.) Learned counsel for the petitioner does not press the prayer for divorce under Section 10 of the Act as he has fairly conceded that in view of the legal position contained in Section 10, the present petition filed by the petitioner is not maintainable. It is 'further stated that the petitioner has filed a writ petition challenging the constitutionality of Section 10" of the Act and the same is pending before the Division' Bench of this Court. The petitioner, "therefore, reserves her right to move appropriate petition for divorce after the outcome' of the said writ petition. This liberty is granted.

(3.) In so far as judicial separation is concerned, the main ground on which it is sought is that the petitioner was treated with cruelty by the respondent. Although certain allegations of adultery are also made, learned counsel for the petitioner is not pressing that ground.