MARIA DESILVA Vs. AUSTIN DESILVA

JUDGEMENT

(1.) This case has been forwarded by the trial Court for confirmation of the decree nisi for dissolution of the marriage under Section 17 of the Indian Divorce Act, 1869. Notice could not be served as the husband has expired. The question in this case is whether the divorce suit abates after the decree nisi was passed under Section 16 of the Indian Divorce Act, 1869 (hereinafter referred to as the said Act) and during the pendency of the matter before the High Court for confirmation under Section 17 of the Act the husband has died.

(2.) In this case the suit for dissolution was filed by the wife against the husband in Divorce Suit No. 94 of 1986 before the Court of the 11th Additional District Judge, Alipor and the learned District Judge at the first instance passed a decree nisi dissolving the marriage on the basis of an application under Section 10 of the said Act on the ground of adultery with desertion and adultery with cruelty.

(3.) When the matter came up before us for confirmation of the decree nisi under S. 17 of the Act we find from the service return that the husband died and under such circumstances the question is whether this Court can confirm or refuse to confirm the decree nisi. For the purpose of deciding this question the provisions of Ss. 16 and 17 of the said Act are required to be taken into consideration which read as follows :