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Smt. Beliya vs Methyu 2 Wa/322/2017 M/S Shri Sai … on 15 November, 2018

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FA No. 22 of 2000

 Smt. Beliya, W/o M. Lal, aged about 37 years, R/o Quarter No.843-
G/Sadak-Risali Sector, Bhilai, District Durg (C.G.)

—- Petitioner

Versus

 Maithyu M. Lal, aged about 45 years, Quarter No.15B/Sadak, 16
Sector 2, Bhilai, District Durg (C.G.)

—- Respondent

This is an office reference.

Hon’ble Shri Justice Prashant Kumar Mishra

Hon’ble Shri Justice Goutam Chourdiya

Hon’ble Smt. Justice Vimla Singh Kapoor

Order On Board

15/11/2018

1. This first appeal is a reference made by the 5 th Additional District

Judge, Durg, Chhattisgarh for orders on confirming the decree of

divorce granted on the application of the wife under Section 10 of the

Indian Divorce Act, 1869.

2. The judgment rendered by the Additional District Judge has recorded a

finding that the respondent husband has committed adultery and

cruelty as he has not appeared before the Court to defend the

allegations. The allegations have been proved on the strength of

statement of the wife and her father (PW-2) S. S. Kumar Roy. The

record also contains the judgment rendered by the 4 th ADJ, Durg

allowing wife’s application under Section 7 of the Guardians and
Wards Act, 1890 declaring her to be the guardian of two daughters

born out of the marriage.

3. We have seen the record of the trial Court. The finding recorded by the

court below is fully supported by the evidence available on record.

Moreover, the husband remained ex parte and did not file any written

statement. Despite severance of their marriage, the husband has not

preferred any appeal against the ex parte decree, therefore, he

appears to have reconciled with the fact situation in his life and both

the parties, who were married on 05.05.1980, are living separately

from the month of June/July, 1991, as is reflected in the plaint

averments contained in para 6 7 thereof. On the basis of the

obtained facts and circumstances of the case, we are satisfied that the

decree of divorce deserves to be and is hereby confirmed under

Section 20 of the Act, 1869, which has now been repealed by Act

No.51/10 w.e.f. 03.10.2001, however, the subject decree having been

rendered on 30.09.1998, the same is required to be dealt with in

accordance with the provisions as it existed on the date of decree.

4. The reference is disposed of accordingly.

Sd/- Sd/- Sd/-
Prashant Kumar Mishra Goutam Chourdiya Vimla Singh Kapoor
Judge Judge Judge

Nirala

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