SHERLY THOMAS Vs. JOHNY

JUDGEMENT

(1.) The important question for consideration is whether a joint petition u/s . 10 A of the Divorce Act can be entertained before the High Court in a pending case filed by one of the spouses for dissolution of their marriage.

(2.) The wife filed O.P. 21040/98 for dissolution of the marriage between the petitioner and the 1st respondent alleging the grounds of cruelty, desertion and adultery. It was alleged that the marriage between the petitioner and the 1st respondent was solemnized on 21.4.1988 at St. George Forane Church, Kaipuzha, Kottayam, as per the religious rites among Christian community and thereafter they lived in the house of the 1st respondent. A child was born on 7.9.91 out of the above wedlock , and the 1st respondent was always cruel towards the petitioner and she was subjected to physical as well as mental cruelty. Thereafter he deserted the petitioner and the child from January 1998 onwards, and the 1st respondent was leading an adulterous life with respondents 2 and 3 and hence the petitioner sought for a decree of dissolution of the marriage.

(3.) The 1st respondent filed an objection denying all the allegations raised against him, and contended that he was not leading an adulterous life as alleged, but the petitioner was leading an adulterous life. On the basis of the contentions put forward by the parties, elaborate evidence had been let in by both sides. On the side of the petitioner P. Ws. 1 to 4 were examined whereas R. Ws. 1 to 12 were examined on the side of the respodnets. Documents were also produced and got marked on both sides. After the amendment to the Indian Divorce Act which had come into effect w. e.f. 3.10. 2001, the petitioner and the 1st respondent filed CMP 53500/2001, a joint petition u/s. 10-A of the Divorce Act for dissolution of the marriage by mutual consent. Thereafter the petitioner and the 1sat respondent were examined and both of them had given evidence that they have voluntarily agreed for a dissolution of the marriage as it has become impossible for them to lead a matrimonial life together.