FAZAL MASIH Vs. PATIENCE

JUDGEMENT

(1.) THIS is a reference under sec. 17 of the Indian Divorce Act (hereinafter called "the Act") for confirmation of a decree nisi for dissolution of the marriage of the petitioner Fazal Masih and his wife Smt. Patience.

(2.) THE petitioner and the respondent were married on December 4, 1959, under the Indian Christian Marriage Act. THE respondent gave birth to two male children Domestic bickerings appear to have been a part of their married life. Certain proceedings had taken place between the husband and the wife with regard to the maintenance of the latter. However on August 9, 1966 the petitioner presented a petition in the Court of the District Judge, Udaipur, under sec. 32 of the Act for restitution of conjugal rights Issues were framed in the case and the trial proceeded. In the proceedings, on December 24, 1968 the husband and the wife filed a joint petition saying that their relations had deteriorated to such an extent that it was impossible for them to live as husband and wife and the court may be pleased to pass a decree for divorce in terms of a compromise reached between them THE court accorded its approval on that very day, that is, 14-12-1968. It was on April 27, 1972 that the learned District Judge transmitted the record to this Court for confirmation of the decree.