ANIL KUMAR VASANT LOKHANDE Vs. PURUSHOTTAMVINAYAK SANSARE

JUDGEMENT

(1.) THE important question which has been posed for determination in this appeal is whether the decree passed by the High court in appeal, dissolving the marriage between the husband and wife, against the decree passed by the District Judge dismissing the claim for dissolution of marriage is decree nisi and is subject to Sections 16 and 17 of the Indian Divorce Act, 1869. The question has become important in view of the clear ratio laid down by the Full Bench of the Rangoon high Court in the case of Rev. Po Tun v. Na. Chit and another, AIR 1938 rangoon 204, wherein the High Court clearly laid down that a decree for dissolution of marriage made by the High Court under the Indian divorce Act, either in its appellate or in its original jurisdiction, shall be decree nisi and not a decree subject to confirmation by the High Court under Section 17 of the said Act.

(2.) IN view of the extensive arguments advanced on behalf of the parties it has become necessary to reconsider this view and ascertain as to whether this view should prevail or whether other view would be the correct view in view of the scheme of the. said Act. Whereas the learned advocate for the appellant has vehemently argued that this view is patently erroneous and deserves to be dissented from, the learned advocate for the respondent has urged that this is the view of the Full bench of the High Court and that the reasons in support of that view appear to be wholly legitimate and need not be deviated from and that the same view should be taken in this matter and accordingly, the appeal should be dismissed.

(3.) THE question arises as follows ; The deceased Virbala Sumant lokhande was married to Sumant Madhav Lokhande in the year 1964. However, on account of differences between husband and wife, Virbala filed petition for divorce against her husband being Marriage Petition no. 12 of 1968 in the District Court, Pune. The petition was dismissed by the District Judge, Pune and Virbala, therefore preferred appeal before the High Court of Bombay being Appeal No. 473 of 1970. The said divorce petition was filed on the allegations that Suman - the husband -had indulged in adultery coupled with desertion for two years under section 10 of the Divorce Act.