Judgment:
R.K. Varma, J.
1. This is a reference made by the Addl. Judge to the Court of the District Judge, Mandsaur, Neemuch under Under Section 17 of the Indian Divorce Act for confirmation of the decree for dissolution of marriage made by him in Civil Suit No. 17C of 1985 dt. 16-2-1987.
2. The material facts giving rise to this reference briefly, are as follows : --
The petitioner-husband Jeviyar Cleman filed a petition for divorce (Civil Suit No. 17-C/85) on 4-10-1985 Under Section 27 of the Special Marriage Act, 1954 against the respondent-wife Smt. Ashalata before the Addl. Judge to the Court of the District Judge, Mandsaur, Neemuch on the ground that the respondent has, after the solemnization of marriage had voluntary sexual intercourse with other persons and has since the solemnization of the marriage which was performed at Ujjain in the last week of December, 1975 according to the Christian form of marriage, treated the petitioner-husband with cruelty and has deserted the petitioner-husband by giving up marital relations with him, since 1983.
3. Notices of the petition were issued to the respondent by registered post in addition to the ordinary process on various possible addresses of the respondent at Ujjain, but as the notices remained unserved, the service was effected by publication of the notice in 'Vikram Darshan', a daily newspaper of Ujjain on 10-12-1986.
4. The respondent remained ex parte during the proceedings. The petitioner examined himself as P.W-l, in support of the petition. A number of letters stated to have been received by the respondent which the petitioner had found in a trunk of the respondent, were produced and proved by the petitioner. A photograph (Ex.p/31) showing the respondent in the arms of a stranger and another photograph (Ex.p/30) shows the respondent with a woman named Sushilabai, who is stated to be a medium for prostitution of girls, have also been produced and proved by the petitioner.
5. On the basis of the evidence adduced in the case, the learned Judge of the Trial Court has given the finding that the respondent was leading an adulterous life and had treated the petitioner with cruelty and has held that the petitioner was entitled to a decree for divorce under Section 27 of the Special Marriage Act, 1954.
6. The learned Trial Court has, however, held that since the parties to the suit for divorce were Christians, the Indian Divorce Act, 1869 was applicable to them and accordingly the petitioner is entitled to get a decree for divorce in his favour Under Section 10 of the said Act on the ground that his wife has since the solemnization of marriage, been guilty of adultery. But as a decree for dissolution of marriage made by the Judge of the District Court is subject to confirmation by the High Court Under Section 17 of the Act, the learned Trial Court has made this reference for confirmation of the decree for dissolution of marriage Under Section 17 of the Indian Divorce Act. Accordingly, the reference has been placed before this Bench constituted as per requirement of Section 17 and the High Court Rules made in that behalf.
7. We have perused the statements of the, petitioner who examined himself as (PW-1) in support of the petition. We have also perused the letters and the addresses of various persons apparently known to the respondent which have been found in the box of the respondent-wife as stated by the petitioner-husband. We have also seen the photographs (Ex.p/31) and Ex.p/30. On a careful consideration of the material placed on record, we are inclined to believe the petitioner's statement in his evidence that the respondent had been living away from the petitioner and was not to be found at her parents' place and that she has been living in adultery with other persons. The finding of the learned Trial Court in this behalf is, in our opinion, liable to be affirmed, entitling the petitioner to a decree for divorce Under Section 101 of the Indian Divorce Act.
8. Accordingly, agreeing with the findings given by the learned Trial Court, we hereby confirm the decree for dissolution of marriage passed by the learned Judge of the Trial Court Under Section 17 of the Indian Divorce Act.
9. In the circumstances of the case, there shall be no order as to costs of th is reference.