JYOTSNA Vs. SURESH JOHN JAGTAP

JUDGEMENT

(1.) THIS is a reference made to this Court by the Family Court at Nagpur, purportedly under section 17 of the Indian Divorce Act, 1869, for confirmation of a decree for dissolution of marriage made by the Family Court.

(2.) THE facts giving rise to the present reference fall within a limited matrix as under :

(3.) THE parties before us are Christians by religion and they were married on 7-5-1995 as per Christian religious rites and customs at the Methodist Marathi Church, Civil Lines, Nagpur. The marriage ran aground and a petition came to be filed before the Family Court at Nagpur on 31-8-1999 by the petitioner wife under section 10 of the Indian Divorce Act, 1869, seeking dissolution of the marriage on the grounds of cruelty coupled with adultery. This petition was contested by the respondent-husband. The Family Court tried the petition and by its judgment and decree dated 28-5-2000 allowed the petition and ordered dissolution of the marriage between the parties solemnized on 7-5-1995, by a decree of divorce. The Family Court, however, declared that the decree of divorce granted by it was subject to confirmation by the High Court. The Family Court thereafter has forwarded the reference to this Court, purportedly under section 17 of the Indian Divorce Act, for confirmation of the decree dated 28-5-2000 made by it.