MATRF No. 3 of 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MATRF No. 3 of 1995 Date of Decision: 5.09.2009 Daulat Masih Mattu ...Petitioner Vs. Parveen & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: None. Vinod K.Sharma,J. (Oral) This is a reference under Section 17 of the Indian Divorce Act, 1869 for confirmation of decree dated 16.5.1995 passed by the learned Additional District Judge, Hoshiapur on a petition filed by Daulat Masih Mattu for dissolution of his marriage with Smt.Parveen on the ground that she had deserted him since 20.2.1989 and that she was living continuously in adultery with co-respondent R.K.Kaushal. On notice respondents did not appear and were proceeded against ex parte Ex parte evidence was led in support of the petition. Learned Additional District Judge on the basis of ex parte MATRF No. 3 of 1995 2 evidence recorded a finding that Smt.Parveen had not only deserted him from February 20, 1989 but she was also living in adultery with respondent No.2 and she had refused to come back when asked by Daulat Masih Mattu. The evidence led proved that there is no collusion between the parties. No body has put in appearance on behalf of the parties. Special Bench of Lahore High Court in the case of Inayat Masih Vs. Mt.Dhani w/o Inayat Masih and another AIR (31) 1944 Lahore 162, has been pleased to lay down that High Court has power to act on a reference under section 17 of the Divorce Act without any further application by the parties. The High Court under section 17 of the Act can proceed with reference for the confirmation of decree of dissolution of marriage passed by the learned District Judge even when the parties are absent, and have not obtained a motion for confirmation of the decree. The reading of the judgment and evidence on record proves that there were sufficient grounds to justify the dissolution of marriage. Decision of the learned Additional District Judge is, therefore, correct on facts and deserves to be confirmed. Ordered accordingly. The decree of divorce dissolving the marriage between the parties is confirmed. (Vinod K.Sharma) 5.09.2009 Judge rp