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.)
Maithyu M. Lal, aged about 45 years, Quarter No.15B/Sadak, 16
Sector 2, Bhilai, District Durg (C.G.)
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
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Section 20 of the Act, 1869, which has now been repealed by Act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