NISHA RIBERO Vs. GEORGE MARIO RIBEIRO

JUDGEMENT

(1.) This Reference has been made by the Additional District Judge under Section 17 of the Indian Divorce Act, 1869 by his order dated 25.9.2001. By a judgment and order of the same date i.e., 25.9.2001, the learned Additional District Judge allowed the petition of the petitioner (wife) which had been filed under Section 10 of the Indian Divorce Act, 1869 for dissolution of marriage on the grounds of cruelty, adultery and desertion. The petitioner and the respondent No.1 (George Mario Riberio) were married on 1.6.1992 in New Delhi under the Indian Christian Marriage Act,1872. Various allegations were made in the Petition. The respondent/husband filed a written statement on 30.11.2000. The case was posted on 4.1.2001 for conciliation but the Respondent No.1/husband did not turn up on that date and, accordingly, the respondents were proceeded ex parte thereafter. To prove her case the petitioner examined herself, her two brothers-in-law and her brother. On the basis of the unchallenged and non-rebutted deposition of the petitioner and her other witnesses the trial Court came to the conclusion that the respondent No.1(husband) had treated the petitioner with cruelty, both physical and mental. The trial Court also came to the conclusion that the respondent No.1 had been living in adultery with respondent No.2 and had deserted the petitioner for more than two years prior to filing of the divorce petition. Accordingly, the trial Court allowed the petition in favour of the petitioner dissolving the marriage by a decree of divorce on the ground of desertion coupled with adultery and cruelty as specified under Section 10 of the Indian Divorce Act with costs. We have carefully gone through the judgment of the trial Court and find no infirmity in the same.

(2.) As indicated above, by a separate order dated 25.9.2001, the learned Additional District Judge, in purported compliance with the provisions of Section 17 of the Indian Divorce Act, 1869, transmitted the records to this Court for confirmation of the said decree in terms of the said provisions. However, it is to be noted that Parliament enacted the Indian Divorce (Amendment) Act, 2001 which received the assent of the President on 24.9.2001 and came into force on 3.10.2001. By virtue of Section 12 of the said Amendment Act of 2001, Section 17 was substituted by the following Section 17:-

(3.) As indicated above the trial Court allowed the petition in favour of the petitioner and dissolved the marriage by a decree of divorce on the ground of desertion coupled with adultery and cruelty. We have already stated above that we find no infirmity in the judgment and decree of the learned Additional District Judge and, accordingly, we confirm the same.