PRADIP KUMAR SAHU Vs. SOBHARANI SAMANTARAY

JUDGEMENT

(1.) This is a reference made by the learned District Judge, Sambalpur under Section 17 of the Indian Divorce Act, 1869 (hereinafter called the 'Act') arising out of a petition purported to have been made under Section 10 of the Act.

(2.) The learned District Judge, on a perusal of the solitary evidence of the petitioner, has passed a decree nisi dissolving the marriage between the parties and hence this reference.

(3.) On a perusal of the petition filed by the husband, it is amply clear that the case is not covered by the ground available to the husband under Section 10 of the Act. According to the provision of" Section 10, the only ground on which the husband can apply for dissolution of the marriage is adultery committed by the wife. On a bare reading of the petition, we find that this is a case of cruelty which is not a ground available to the husband under Section 10 of the Act for making an application for dissolution of marriage.