Law: Divorce Act (IV of 1869)

Section: 17, 16, 10, 4

(a) Divorce Act (IV of 1869)  Ss. 17, 16, 10& 4-District Courts .and High Court have, under S. 4, concurrent jurisdiction to try cases of divorce between Christian spouses-District Judge passing decree for dissolution-Jurisdiction to confirm such decree under S. 17-not dependent on either appearance or making of any application for purpose by parties-Decree nisi for dissolution may be confirmed by High Court, in suitable circumstances, even in absence of respondent- [Gulley v. Gulley I L R 10 All. 559; Johan Roberts v. Joye Roberts A I R 1948 All. 161 and A. F. H. Pushong v. Mrs. R. O. Pushong A I R 1934 All. 624 dissented from]. On an application, under section 10 of the Divorce Act, 1869, a decree nisi for dissolution of marriage was passed by the District Judge. A reference, as required by section 17 of the Act was made to the High Court by the District Judge for confirmation of the decree but no application for the purpose was made by any of the parties and none appeared before the High Court. On the question, therefore, whether the High Court, on mere reference made by the District Judge, becomes vested with jurisdiction to confirm decree under section 17 without any application made for the purpose and even in absence of the parties. Held: The jurisdiction of the High Court to confirm a decree passed by a District Judge depends on a reference made to it by the District Judge, and it is not necessary that there should- be an application on behalf of the petitioner seeking the confirmation, otherwise it will frustrate the very purpose and object of the Legislature in conferring jurisdiction on the District Judges to decide the suits for divorce. It could not be the intention that if, with a view to relieving a Christian lady of a hardship, a provision was made for enabling her to bring a petition for dissolution of marriage before the District Court and after she succeeds in getting the decree, she should again apply to the High Court for its confirmation. It is not necessary, for the petitioner to move an application for confirmation. In proceedings for the confirmation of a decree nisi for the dissolution of a marriage, it is not necessary that…