MATRF No. 3 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MATRF No. 3 of 1999 Date of Decision: 5.09.2009 Reumach Pankaj Massey ...Petitioner Vs. Sanjay Michael ..Respondent Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: None. Vinod K.Sharma,J. (Oral) This reference under section 20 of the Indian Divorce Act, 1869 (for short the Act) has been made by learned Additional District Judge, Patiala for confirmation of ex parte decree of nullity of marriage granted under section 19 of the Act. The petitioner sought a decree of nullity on the pleadings that the parties are Christian and were married on 5.2.1997 according to Christian rites and ceremonies. The parties lived together as husband and wife for some time at Patiala as well as at Hisar. Allegation of the petitioner was that the respondent was unable to consummate the marriage due to incurable syphilis. It was pleaded that in spite of parties living together for MATRF No. 3 of 1999 2 2 months marriage was not consummated and the treatment of the doctors proved ineffective. It was pleaded that the respondent had not disclosed this fact at the time of marriage. Allegation of the petitioner was that on the first night there was only partial erection of respondent, despite due efforts by the petitioner. 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 parte evidence held that the petitioner was entitled to a decree of nullity of marriage. Evidence on record shows that the respondent was impotent at the time of marriage as well as on the date of institution of petition, as it was specifically pleaded that even on the first night he was unable to consummate the marriage. 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. MATRF No. 3 of 1999 3 The reading of the judgment and evidence on record proves that there were sufficient grounds to justify the decree of nullity of marriage. Decision of the learned Additional District Judge is, therefore, correct on facts and deserves to be confirmed. Ordered accordingly. The decree of nullity of the marriage between the parties is confirmed. (Vinod K.Sharma) 5.09.2009 Judge rp