Law: Divorce Act, 1869

Section: 53

  Divorce Act (IV of 1869), S. 53-Object-Section 53 confers on Courts much more extensive power than that possessed by English Courts-Court must, however, satisfy itself that justice cannot be done except by exclusion of public-Trial in camera ordered mainly on ground that a party to proceedings was high Government official, that allegations of reckless nature were made by parties against each other and facts involved were of personal and intimate character-Discretion exercised by Court, held, not based on sound judicial principles.   Scott v. Scott 1913 A C 417 ; Cora Lillian McPherson v. Oran Leo McPherson A I R 1936 P C 246 and Province of West Punjab v. Khan Iftikhar Hussain Khan A I R 1950 Lab. 143 ref.   Halsbury's "Laws of England", 3rd Edn. Vol. 12, para. 408 ref.     Divorce Act (IV of 1869), Ss. 7 & 53-Provisions of S. 7 subject to other provisions of Act - S. 53 takes away binding effect of principles and rules under which English Courts decide matrimonial causes.   Divorce Act (IV of 1869), Ss. 53 & 55-Order passed under S. 53-Appealable under S. 55.   Robert Cameron Chamarette v. Mrs. Phyllis Ethel Chamarette A I R 1937 Lah. 176 and Noble Millicans v. Mrs. Gladys   Millicans A I R 1937 Lah. 862 ref.   JUDGMENT   WAHIDUDDIN AHMAD, J.-This is a miscellaneous appeal against the order of Mr. Kadir Nawaz ,S. Awan, District judge, Karachi, dated :the 31st of July 1962, in Divorce Petition No. 4 of 1962. The learned District Judge by this order has ordered to hold the above proceedings in camera under section 53 ;of, : the Divorce Act of 1869.   Mrs. Shirin Nazir was married to Badruddin Karamali Nazir on the 1st of October1948, at Dacca under the Special Marriages Act, 1872, before the Registrar at Dacca. Respondent No. 1 in April 1962, instituted a petition for dissolution of marriage against the appellant on the ground of adultery with respondent No. 2. With the main petition he also filed an application under section 53 for holding the trial in camera as he was a Class I Gazetted Officer and the case involved facts of a personal and intimate nature and had no concern with the…