ZENA ERASMUS Vs. IVAN ERASMUS

JUDGEMENT

(1.) IN this appeal by Smt. Zena Erasmus, her husband Ivan Erasmus was served and has put in appearance at the admission stage. The husband Ivan Erasmus had instituted a suit for divorce against his wife Smt. Zena Erasmus on the ground of cruelty and desertion. IN the alternative, he had prayed for a decree of judicial separation. IN the suit, an issue was framed as to the maintainability of the petition of divorce. The court found that in view of the provisions of section 11 of the INdian Divorce Act, no relief of divorce could be given to the husband and held that the suit in so far as the decree for divorce was sought was bad. However, the court allowed the husband to continue with the suit in respect of the relief for judicial separation. After that decision of the court dated 5-2-1983, the wife made an application 86-C praying that the order dated 5-2-1983 be modified and the suit be dismissed in its entirety. This application filed by the wife has been dismissed by the Addl. District Judge Allahabad, on 18-2-1984, as he directed to proceed with the case for final hearing.

(2.) THE petitioner has preferred an appeal against this order dated 18-2-1984.

(3.) SECTION 55 of the Indian Divorce Act provides that " all decrees and orders made by the court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the court made in the exercise of its original civil Jurisdiction are enforced and may be appealed from, under the laws, rules and order for the time being in force. "