ELIZABETH Vs. ABRAHAM

JUDGEMENT

(1.) THE IInd Additional District Judge, Jalna, in Regular Civil Suit No. 2/96, has passed decree nisi under Section 10 of the Indian Divorce Act, 1869 (For short, hereinafter referred to as "the Act" ). Hence, the matter has come up before this Bench, for confirmation of decree as per the provisions of Section 17 of the said Act.

(2.) THE parties filed a compromise in the said proceedings before the learned Judge. The learned Judge recorded the compromise and then passed the decree. So, a very short point is to be considered in this matter, as to whether a decree for dissolution of marriage can be passed on the basis of compromise between the parties in the proceedings under the Act.

(3.) THE learned Judge has referred to the ruling in the matter between Mrs. B. v. Mr. V. , 1989 0 BLR 448. However, he lost sight of the important circumstance, that in the said matter, the decree for dissolution of marriage was prayed under the provisions of Hindu Marriage Act. The provisions of the Act were not considered by the learned Single Judge while holding that the provisions of Order XXIII, Rule 3 of the Code of Civil Procedure are applicable to a proceedings under the Hindu Marriage Act and, therefore, decree based on compromise between the parties was considered legal and valid. There is no reference to the provisions of the Act in the said judgment and, therefore, the ruling on which the learned IInd Additional District Judge has relied upon cannot be made applicable to a proceedings under the Act.