Ribeka Masih vs. Anil Chauhan

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

MATRF No. 1 of 2003 Date of decision: 05.09.2009

Ribeka Masih

....Petitioner

Versus

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Anil Chauhan

....Respondent

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - None.

VINOD K. SHARMA, J (ORAL)

The learned Additional District Judge, Ludhiana has made this reference under Section 17 of the Indian Divorce Act, 1869, for confirmation of the decree of nullity.

The petitioner filed a petition under Section 10 of the Indian Divorce Act, seeking decree declaring marriage to be a nullity. The respondent was proceeded against ex parte.

On the basis of ex parte evidence, the learned Additional District Judge, Ludhiana, was pleased to accept the petition by declaring the marriage to be nullity, and reference has been made to this Court under Section 17 of the Indian Divorce Act, 1869, for confirming the decree of nullity.

The decree was passed on 4.12.2002. Section 17 of the Indian Divorce Act, 1869 was amended on 3.10.2001 i.e. prior to the passing of MATRF No. 1 of 2003

the decree, therefore, this reference is not competent, as the jurisdiction rests with the District Judge to pass decree under the Act.

For the reasons stated above, this reference is remanded back to the learned Additional District Judge, Ludhiana, to pass order in accordance with law.

Disposed of.

(Vinod K. Sharma) Judge

September 05, 2009 R.S.