ARUN KUMAR SINHA Vs. MANJULA SINHA

JUDGEMENT

(1.) THIS is a Reference made by the learned Addl. District Judge, 14th court, Alipore, under section 17 of the indian Divorce Act, 1869 (hereinafter referred to as the said Act) in Matrimonial Suit no. 12 of 1971. The Reference appears to us to be rather misconceived.

(2.) THE parties were married according " to Christian rites on April 22, 1964, and a daughter was horn to them. On April 17, 1970, the petitioner-husband initiated a proceeding under section 22 of the said Act which was registered as Matrimonial Suit no. 144 of 1970 (later renumbered as Matrimonial Suit No. 12/71 on transfer) against the wife-respondent for a decree for judicial separation on the ground of desertion without any reasonable cause for more than 2 years and cruelty. That suit was decreed exparte on March 5, 1971, when the then learned Additional District Judge passed a decree for judicial separation against the wife under section 22 of the said Act. Rightly no reference under section 17 was then made as no Reference is called for incase of a decree in terms of section 22 of the Act.

(3.) ON April 23, 1974, the petitioner-husband filed an application in the aforesaid suit purported to be one under section 17 of the said Act In this application after pleading the facts leading to the aforesaid ex parte decree for judicial separation, he claimed that since there has been no reconciliation or restoration of the congugal life between the pa/ties since the said decree he is entitled to 'get a decree for dissolution of marriage against the respondent as per provisions contained in the Indian divorce Act" and further that the aforo-said decree be given the full' force of a decree or divorce which is to be confirmed by the high Court in terms of section 17. The relevant prayer in the application was as follows : -