MANISH SOLOMON Vs. SMT. ANJALI

JUDGEMENT

(1.) THE Petitioner -husband had filed a petition for dissolution of his marriage with the Respondent -wife by a decree of divorce or in the alternative for judicial separation under Section 23 of the Indian Divorce Act, 1869 (in short 'the Act') on the grounds of cruelty and desertion. The Learned Additional District Judge after having come to the conclusion vide para 23 of the judgment dated 26.12.2007, Annexure P -1, that the Respondent -wife had treated The Petitioner husband with cruelty further held vide para 24 of the judgment that since there is no provision for dissolution of marriage on the ground of cruelty under the Act, proceeded to grant the alternative relief of judicial separation to The Petitioner -husband. Paras 23 and 24 of the judgment read as under:

(2.) BEING aggrieved, The Petitioner -husband filed a review petition before the Learned trial court which was disposed of vide judgment dated 13.01.2011, Annexure P -2, holding that since The Petitioner -husband had himself sought decree for judicial separation in the alternative and even if the main prayer for grant of a decree of divorce was declined, may be erroneously, and the judgment so passed having not been challenged by The Petitioner -husband, no ground was made for review of the aforesaid judgment dated 26.12.2007, Annexure P -1.

(3.) NOTICE of the petition was issued to the Respondent -wife, who failed to put in appearance despite valid service and was accordingly proceeded against ex parte.