MATRF No. 1 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MATRF No. 1 of 1999 Date of Decision: 5.09.2009 Suriya ...Petitioner Vs. Ashraf ..Respondent Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: None. Vinod K.Sharma,J. (Oral) This reference under section 17 of the Indian Divorce Act, 1869 (for short the Act) has been made by learned District Judge, Hoshiarpur on a petition filed by the petitioner Smt.Suriya under section 10 of the Act on the pleadings that the parties are Christian and were married in the year 1974 at village Narpur Tehsil Mukerian. Out of this wedlock one son was born who died but two other sons were also born who were living with the respondent. After few years of marriage respondent is said to have developed illicit relations with his elder brother's wife i.e. the cousin sister of the petitioner. On objection she was given beating and was not provided food on number of occasions. It was pleaded case that the act of the respondent forced her to get a job to survive. It was also alleged that the respondent MATRF No. 1 of 1999 2 used to snatch her salary and used the same to buy liquor. Elder brother of the respondent was said to have died about 7 years back. On the night of 23/24.8.1996 respondent brought his elder brother's wife to his bed room and they were found in a compromising position. On objection, petitioner was beaten and since then they were living separately. It was also alleged that the respondent poisoned the ears of the family members by levelling false allegations against her. She further alleged that she was abused by her son in the presence of public. It was pleaded that a petition levelling false allegations was filed against her pleading therein that she had developed relations with other persons. Pleas of adultery and cruelty were raised to seek divorce. On notice nobody put in appearance on behalf of the respondent and he was proceeded ex parte. . Learned Additional District Judge on the basis of ex pate evidence recorded a finding that the petitioner was entitled to a decree of divorce on the ground of adultery and cruelty. 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 MATRF No. 1 of 1999 3 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