P V JOSHEPH CHRISTIAN Vs. DEENAMMA JOSHEPH CHRISTIAN

JUDGEMENT

(1.) A short, but interesting question which has been put in focus, for our consideration and adjudication in this reference, under Section 17 of the Indian Divorce Act, 1869 [ the Act ] by the District Court , Ahmedabad rural at Mirzapur Court, arising out of Civil Suit No.3 of 1997 instituted for dissolution of marriage under Section 10, on the ground of respondent-wife being guilty of adultery and passing of decree for dissolution of marriage is whether, the factual profile and the evidence on record constitutes a legal launching pad for passing of decree for dissolution or not ?.

(2.) In order to examine and satisfy our conscience, we have thought it expedient to have a close scrutiny of relevant and material factual matrix, giving rise to the reference under Section 17 of the Act, as it stood then before amendment. Short conspectus of facts, therefore, may be high lighted at this juncture.

(3.) In this reference for confirmation of the decree for dissolution of marriage, arising out of a Civil Suit No.3 of 1997 for decree under Section 10 by the original petitioner- plaintiff husband, on the ground of respondent-- original defendant-wife, allegedly being guilty of adultery, the following aspects have emerged from the record incontrovertible.