SARAMMA KOZHY Vs. MATHAI KOSHY

JUDGEMENT

(1.) This is an application under S.17 for confirmation of the decree of divorce passed by the learned District Judge, Pathanamthitta dated 20-8-1992. The O.P. itself was filed under S.10 of the Indian Divorce Act by the wife against the husband. S.17 of the Indian Divorce Act reads as follows:

(2.) Learned counsel for the petitioner wife submits that the period of time mentioned in the proviso to S.17 is not mandatory, and that this Court has discretion to confirm a decree for dissolution even before the expiration of six months from the date of the decree's passed by the District Court.

(3.) We arc unable to agree with this submission for two reasons; one is ever since 1869 when the Indian Divorce Act was enacted, such a contention docs not appear to have been raised at any time; and secondly the provision is based on the desire of the Legislature to give a minimum time of six months for the spouses to come together so as to avoid confrontation. The provision, being in the public interest, must be treated as mandatory. This Court has no power to dispense with the said requirement.