RAJNI Vs. RAJEEV DASS

JUDGEMENT

(1.) THIS is a reference made by the learned District Judge, Chandigarh under section 17 of the Indian Divorce Act, 1869 (for short the Act) for confirmation of decree of divorce passed under section 10 of the Act.

(2.) PETITIONER Rajni sought dissolution of marriage under section 10 of the Act on the ground of adultery. It was pleaded that she was married with Rajeev Dass on 10.1.1996 as per Christian rites and ceremonies at Chandigarh. After the marriage the parties lived as husband and wife at Delhi. But respondent No. 1 started maltreating and misbehaving with the petitioner. The respondent introduced respondent No. 2 Miss Birdy Dass as his first cousin but the petitioner noticed that she was living with respondent No. 1 as if she was his wife. It was pleaded that he did not perform his matrimonial obligations with the petitioner and rather started abusing and beating her. Allegations of demand of dowry were also levelled. It was pleaded that one day when she returned home she found the house bolted from inside and nobody opened the door for 15-20 minutes. When the door was opened it was found that the respondents were present in the house. When their behaviour was questioned she was beaten and turned out of the house. Divorce was, therefore, sought on the ground of continuous adultery.

(3.) SPECIAL Bench of Lahore High Court in the case of Inayat Masih v. Mt.Dhani w/o Inayat Masih and another AIR (31) 1944 Lahore 162, has been pleased to lay down that High Court has power to act on a reference under section 17 of the Divorce Act without any further application by the parties. The High Court under section 17 of the Act can proceed with reference for the confirmation of decree of dissolution of marriage passed by the learned District Judge even when the parties are absent, and have not obtained a motion for confirmation of the decree. The reading of the judgment and evidence on record proves that there were sufficient grounds to justify the dissolution of marriage. Decision of the learned Additional District Judge is, therefore, correct on facts and deserves to be confirmed. Ordered accordingly. The decree of divorce dissolving the marriage between the parties is confirmed. Order accordingly.