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Decree for Dissolution of Marriage passed by the District Judge need not be confirmed by the High Co

Joseph Stanislaus v. M. Mary Margaret Rani, MC.No:1 of 2005 – 4 June 2015

The present matrimonial case has been referred to the Bench of Madras High Court comprising of Hon’ble Justice M. Jaichandren, Justice N. Kirubakaran, Justice T. Mathivanan  for the confirmation of decree passed by the District Judge as per section 17 of the  INDIAN DIVORCE ACT, 1869, which had required that every decree for the  dissolution of  marriage passed by the District Judge shall be referred to the High Court for the confirmation.

The District Judge passed the decree declaring that the marriage between the petitioner and respondent is null and void under section 10 read with section 18 and 19 of the INDIAN DIVORCE ACT, 1869.

By referring the decision of the Bench of High Court of Bombay in Asis Ubaldo Rodrigues V. Maria Asis Rodrigues (2006 (2) Ctc 32), the learned counsel appearing on behalf of petitioner, submitted that section 17 of the said act has been substituted after the amendment made by Act 51 0f 2001 that there is no need for confirmation by the High Court.

Having been considered upon the submission made by the learned counsel and as per the amendment Act 51 of 2001, the Court held that there is no necessity for this bench to confirm the decree passed and the decree passed by the learned District Judge is said to be final.

“We are of the considered view there is no necessity for this full bench to confirm the decree passed by the learned District Judge, in O.P.No: 89 of 1993, granting a decree of divorce in favour of petitioner. As such, the decree passed by the learned District Judge could be considered to be final in nature, in view of the amendment of the Divorce Act, 1869, which has come into force with effect from 3.10.2001”.

Prithisha S

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