MATRF No. 3 of 1996 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MATRF No. 3 of 1996 Date of Decision: 5.09.2009 Paramjit Kaur ...Petitioner Vs. Billa ..Respondent Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: None. Vinod K.Sharma,J. (Oral) This is a reference made by the learned the learned Additional District Judge, Hoshiapur under section 20 of the Indian Divorce Act, 1869 (for short the Act) for confirmation of decree of nullity of marriage as per section 18 read with section 19 (1) of the Act. Petitioner Paramjit Kaur sought a decree of nullity of marriage under section 18 read with 19 (1) of the Act on the ground that the parties were married on 29.11.1994 as per Christian rites at village Rawan Tehsil Dasuya District Hoshiarpur and they lived together for about six months at village Rajpur Dasuya, District Hoshiarpur but the marriage was not consummated because respondent Billa was impotent. No child was born from the wed-lock. The petitioner further claimed that since June, 1995 she MATRF No. 3 of 1996 2 was living with her parents. It was, therefore, claimed that the marriage be declared as null and void on the ground of impotency. Respondent was proceeded ex parte as he remained absent despite service. Ex parte evidence was led in support of the petition. Learned Additional District Judge on the basis of ex par te evidence found that it was proved on record that the marriage was not consummated as the respondent was impotent and therefore, held that the petitioner was entitled to a decree of nullity under section 18 read with section 19 (1) of the Act. 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 decree of nullity of marriage. Decision of the learned Additional District Judge is, therefore, correct on facts and deserves to be confirmed. Ordered accordingly. MATRF No. 3 of 1996 3 Under Section 20 of the Act the decree declaring the marriage to be nullity is confirmed. (Vinod K.Sharma) 5.09.2009 Judge rp