N C DASS Vs. CHIN MAYEE DASS

JUDGEMENT

(1.) This Is an appeal against the judgment and decree dated 31st July 1979 passed by a learned single Judge in First Appeal No. 166 of 1976.

(2.) The appellant N. C. Dass was married to the respondent Smt. Chin Mayee Dass according to the Hindu rites on 14th July 1959. The appellant on 17th July 1975 filed a petition under Section 13 of the Hindu Marriage Act, 1955, for divorce in the Court of Fourth Additional District Judge, Jabalpur on the ground that the respondent was living in adultery. The trial Court held that on the date of the petition the respondent was not living in adultery and on this ground the petition was dismissed on 26th April 1976. In the first appeal filed against the dismissal of the petition, the appellant contended before the learned single Judge that he should be given the benefit of Section 13, as amended by the Marriage Laws (Amend- ment) Act, 1'976 (Act No. 68 of 1976) which came into force on 27th May 1976. The appellant relied upon Section 39 of the Amending Act for the submission that the benefit of the provisions of the Act as amended could be given in all pending proceedings. The learned single Judge negatived this contention and held that Section 39 of the Amending Act was not applicable to pending appeals. It is the same contention which has been repeated before us.

(3.) Section 13 (1) (i) of the Hindu Marriage Act as originally enacted enabled dissolution of marriage by a decree of divorce on the ground that the respondent "is living in adultery". By the Amending Act, this provision was substituted by a new provision according to which a decree for dissolution of marriage by divorce can be obtained on the ground that the respondent "has, after the solemnization of the marriage has voluntary sexual intercourse with any person other than his or her spouse." As stated in the notes on clauses of the Bill this amendment of Section 13 (1) (i) was to make it clear that a single act of voluntary sexual intercourse by either party with any person other than his or her spouse shall constitute a ground for divorce for the other party. The Amending Act was enacted with the object : (1) to liberalise the provisions relating to divorce, (2) to enable expeditious disposal of proceedings under the Act, and (3) to remove certain anomalies and handicaps that had come to light after the passing of the Act as originally enacted. With a view to avoid multiplicity of litigation and consequent delay, it was proposed to apply the amended law in relation to all pending proceedings : (see Statement of Objects and Reasons, Gazette of India, Extraordinary Part II, Section 2, dated 29th March 1976, p. 780). Section 39 of the Amending Act which was enacted with this purpose reads as follows :