D ANTHONY MARIANATHAN Vs. JOSEPHINE SAHAYARANI

JUDGEMENT

(1.) The husband/petitioner herein filed I. D. O. P. No. 82 of 1995 against the wife/respondent herein for judicial separation on the ground of cruelty. The decree of judicial separation was granted on 26.4.1996. Thereafter the wife filed I. D. O. P. No. 9 of 2000 under Section 10 of the Divorce Act, 1869 on the ground of adultery coupled with cruelty. That was filed on the file of the learned Principal District Judge, Thanjavur. In the said O. P. filed by the wife, the co-adulterer has been made as second respondent. The learned Principal District Judge, Thanjavur has passed an order on 10.8.2000, after analysing the documents filed and evidence submitted on behalf of the petitioner granting divorce on the above said grounds. Since the O. P. was filed under the Divorce Act, unamended, it required confirmation of the High Court by three Judges as per Section 17 of the Act. Accordingly, this application has been preferred before this Court for confirmation.

(2.) It is not in dispute that after the order was passed by the learned Principal District Judge granting divorce, which was on 10.8.2000, the Divorce Act, 1869 stood amended with effect from 3.10.2001 and thereafter, the confirmation by three Judges of High Court has been dispensed with. Since order in the O. P was passed before the date of amendment, this application filed for confirmation. Admittedly, the amendment which was brought in to the Indian Divorce Act, 1869 with effect from 3.10.2001 is not retrospective.

(3.) The question as to whether the amendment carried out to the Divorce Act with effect from 3.10.2001 is prospective or retrospective came to be considered by few of the High Courts in India, even though there is no direct decision of this Court. But, on a reading of the amendment and statement of objects and reasons appended to the proposed amendment, we are satisfied that the amendment is intended to be only prospective. This is also evidenced from the statement of objects and reasons, which reads as follows: