High CourtsFull Bench

Sydney @ Rajesh vs Mrs. Edith @ Reena

Bombay High Court · Decided on 15 July 1999 · Citation: (2000) 1 DMC 523

HON’BLE JUDGES
S.D. Gundewar, J · P.S. Patankar, J · J.N. Patel, J
ACTS & SECTIONS REFERRED
Divorce Act, 1869 — Section 10, 17
CASE NUMBER
Civil Reference No. 1 of 1999
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Judgment

4 paragraphs · 194 words

P.S. Patankar, J.—This is for confirming the decree passed by the learned Judge of the Family Court, Nagpur dated 7.1.1999, u/s 17 of the Indian Divorce Act, 1869. The decree for dissolution of marriage came to be passed in favour of the petitioner on the ground that the respondent was living in adultery. The said decree is passed u/s 10 of the Indian Divorce Act.

2.

There is no opposition on behalf of the respondent. In the Court below, the respondent filed a written statement but led no evidence. On behalf of the petitioner, the petitioner entered the witness box and also filed affidavits of two other witnesses. The petitioner was not cross-examined or the other two witnesses were also not cross-examined. On the basis of the said evidence, the said decree came to be passed.

3.

We have perused the judgment passed by the learned Judge of the Family Court, Nagpur, as well as the record in the matter and we find that the learned Judge has rightly passed the said decree.

4.

In view of this, the decree passed by the learned Judge of the Family Court, Nagpur, dated 7.1.1999 is confirmed.