M ESTHAR RANI Vs. DEVADANAM

JUDGEMENT

(1.) An application under Sec. 10 of the India Divorce Act ('the Act') for a decree dissolving the marriage between the petitioner and the respondent has been disposed of by the learned District Judge without adverting to the pleadings, appreciating the evidence or stating the ground on which the decree for dissolution of marriage had been granted. For the sake of precision, we would quote the whole of the order : "P. We examined' Petitioner's advocate represents. Petitioner's side evidence is closed. I am satisfied from the evidence of P. W. 1 which remained unchallenged and as there is no evidence to the contra that the divorce prayed for should be granted. Hence this petition is allowed, but in the circumstances without costs, subject to confirmation by the High Court".

(2.) Dissolution of marriage is a matter of considerable importance, which would have its repurcussion on the future life and well-being not only of the parties to the proceedings but also of their children. It is significant to note that the Jurisdiction to entertain and dispose of the application for dissolution of marriage or for declaration that the marriage between the parties is null and void is conferred'on no Ceurt inferior to the District Court; that a decree for the dissolution of marriage or declaring that the marriage is null and void is subject to confirmation by a Full Bench of the High Court under Sections 17 and 20 of the Act. We are stating these salient features in order to impress upon the District Judges, who are called upon to decide applications for dissolution of marriage and for declaration of marriages to be null and avoid, to exercise due deligence, and to apply their minds properly with the seriousness attached to the solemn function entrusted to them.

(3.) The first and foremost duty of a District Judge dealing with an application for dissolution of marriage is to address himself to the grounds on which the relief could be granted under Section 10 of the Act. Secondly, he should find out whether the necessary averments are made in the application, and if so, whether they are supported by acceptable and credible, evidence. Thirdly, it is also his duty to see whether the proceedings are vitiated by collusion between the parties, Fourthly, it is his further duty to see whether the alleged adulterer is made co-respondent where the petitioner is the husband, in compliance with provisions of Sec. 11 of the Act.