S. MANUEL SANTHARAJ Vs. MRS. JAYARANI

JUDGEMENT

(1.) In this matter a decree nisi for divorce was passed on 25.9.1984 providing for six months time for confirmation. The petitioner who is the husband has filed an affidavit on 14.3.1985 stating that six months time had passed since the date of passing of decree nisi and as such the order of divorce will have to be confirmed.

(2.) On a doubt being felt as to whether notice in that application is necessary to the respondent, to clarify that doubt, the matter is posted today. Mr. G.M. Nathan, appearing for the petitioner contends that the procedure laid down under Sec. 16 of the Indian Divorce Act relates to passing a decree for divorce in the first instance by giving six months time for confirmation so as to enable third parties to challenge the decree as one obtained by collusion between the parties and relies on the very Sec. itself in support of his argument. Sec. 16 of the Indian Divorce Act reads as follows: