MATRF No. 1 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MATRF No. 1 of 2004 Date of decision: 05.09.2009 Anuradha @ Ritu ....Petitioner Versus Rakesh @ Cheena ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Yogesh Goel, Advocate, for the petitioner. ***** VINOD K. SHARMA, J (ORAL) The learned Additional District Judge, Ludhiana, has made this reference under Section 17 of the Indian Divorce Act, 1869, for confirmation of the decree of nullity. The petitioner filed a petition under Section 18 of the Indian Divorce Act, seeking decree declaring marriage to be a nullity. The respondent was proceeded against ex parte. On the basis of ex parte evidence, the learned Additional District Judge, Ludhiana, was pleased to accept the petition by declaring the marriage to be nullity, and reference has been made to this Court under Section 17 of the Indian Divorce Act, 1869, for confirming the decree of nullity. The decree was passed on 5.2.2004. Section 17 of the Indian Divorce Act, 1869 was amended on 3.10.2001 i.e. prior to the passing of MATRF No. 1 of 2004 -2- the decree, therefore, this reference is not competent, as the jurisdiction rests with the District Judge to pass decree under the Act. For the reasons stated above, this reference is remanded back to the learned Additional District Judge, Ludhiana, to pass order in accordance with law. Disposed of. (Vinod K. Sharma) Judge September 05, 2009 R.S.