G GALLIMORE Vs. ALICE GALLIMORE

JUDGEMENT

(1.) This case comes before the Court under Section 17, Divorce Act. Charles Gallimore, the petitioner husband, petitioned for a dissolution of marriage from his wife Alice Gallimore before the District Judge and cited a certain person as co- respondent. The Judge heard the case upon the evidence and came to the conclusion--and we see no reason to differ from him--that the respondent had been guilty of adultery with the co-respondent. He pronounced a decree for dissolution, announcing that the decree would be subject to confirmation by the High Court. The papers were sent by the District Judge to the High Court in the ordinary course of affairs. The petitioner Charles Gallimore however has taken no steps to move the Court to confirm the decree which was granted to him. The decree was dated 2 November, 1932, and we are now in the year 1935. The substantial point with which we have to deal, having satisfied ourselves that the procedure taken by the District Judge was a correct procedure and that his findings are not vitiated by any lack of the proper precautions to be taken in such circumstances, is as to whether in the absence of specific application by the petitioner we are entitled to confirm the decree. The jurisdiction of the Courts in divorce is a creation of the Indian Divorce Act which succeeded certain prior enactments. Section 7 of the Act states: Subject to the provisions contained in this Act, the High Courts and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are, as nearly as may be, conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief.

(2.) Then follows a proviso with which we are not concerned. Two courses of procedure are open alternatively to a petitioner: he may either come to the High Court direct under Section 16 of the Act, and in that case the Court will in the first instance pronounce a decree nisi--that term having been derived from the English practice--which is not to be made absolute until after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court by general or special order from time to time directs. The concluding paragraph of the section is as follows: Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court may dismiss the suit.

(3.) The alternative procedure is provided by Section 17, according to which the petitioner may proceed before the District Judge. There the words "decree nisi" are not used at all. The section opens with the words: Every decree for a dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court.