PRAFULLA KUMAR SAHU Vs. SAROJABALA SAHU

JUDGEMENT

(1.) This is a reference made under Section 17 of the Indian Divorce Act, 4 of 1869 (hereinafter referred to as the 'Act') by the learned District Judge of Cuttack for confirmation of the decree for dissolution of marriage between the petitioner and respondent No. 1. Their marriage took place on 21-3-1969. It was alleged that the spouses lived together for about three months and the wife was taken by her father on the plea that wife's mother was seriously ill. Several attempts of the petitioner to bring back his wife failed. Intervention of well- wishers also did not prove effective. Petitioner applied under Section 100 of the Code of Criminal Procedure and the wife was produced in court. She made a statement that she did not like to reside with the husband. He thereupon applied for judicial separation and obtained a decree on 23-9-1971 (Ext. 2). The spouses never lived together thereafter. It was further alleged that the wife (respondent No. 1) had adulterous relationship with her own uncle (respondent No. 2).

(2.) The wife (respondent No. 1) did not enter contest. Respondent No. 2 alone entered contest and denied the allegation of adultery. Three witnesses were examined in support of the application and respondent No. 2 examined himself in support of his defence. The learned District Judge came to hold that the allegation of adultery had been proved and passed a decree for divorce subject to confirmation of this Court as required by law.

(3.) The decree for judicial separation under Ext. 2 had been passed upon acceptance of the plea of desertion without reasonable excuse for more than two years prior to the application. Section 22 of the Act provides :--