DENNIS LALL Vs. AMITA LALL

JUDGEMENT

(1.) The two appeals have been placed before the Special Bench on a reference made by the Judge, Family Court, Jhansi. The appeals have been disposed of by a common order and the controversy raised is identical.

(2.) Dennis Lal filed a petition under Section 22 of Divorce Act, 1869 (hereinafter referred to as the Act) against his wife Smt. Amita Lall, which was registered as suit No. 270 of 1994, praying that a decree of judicial separation be passed on the ground of adultery and cruelty. The Judge, Family Court, Jhansi passed a decree for judicial separation on 21-5-96ut directed that the same shall be effective after confirmation by the High Court and accordingly made a reference to this court which has been registered as First Appeal NO. 432 of 1996.

(3.) Smt. Anita Rohini Shirin Newton filed a petition under Section 10 of the Act against her husband Ivan Alphonsus Michael Lewis, which was registered as Suit No. 321 of 1993 praying that her marriage with her husband be dissolved by a decree of divorce. The Judge Family Court, passed a decree for divorce on 29-8-95 but directed that the same shall be effective after confirmation by the High court in accordance with section 17 of the Act and accordingly made a reference to this Court which has been registered as First appeal No. 433 of 1996.