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1997 DIGILAW 142 (MP)

Shailendra Kumar v. Chandra Prabha

1997-03-14

A.K.MATHUR, S.C.PANDEY, S.K.KULSHRESTHA

body1997
ORDER Mathur, C.J. -- 1. This is a reference for confirmation of decree of divorce granted by the trial Court u/s 17 of the Indian Divorce Act, 1869. 2. Brief facts giving rise to this reference are as under: An application u/s 10 of the Indian Divorce Act, 1869 for dissolution of marriage was filed by the husband Shailendra Kumar against his wife Smt. Chandra Prabha. It is alleged that the marriage of both was solemnised on 27.5.87 at Community Church, Sector 6, Bhilai according to Christian rites. It is alleged that the applicant Shailendra is serving at Bhatapara and used to go up and down daily from Bilaspur. It is all aged that the non-applicant wife was closely associated with the family of non-applicant No.2 Chandra prakash Samuel and often used to visit his house. The applicant husband used to protest, but no heed was paid by the wife. It is alleged that because of attachment of his wife with her brother-in-law (Jeeja), non-applicant No.2, there used to be differences between them. It is allaged that on 3.4.90, his wife left Bhatapara along-with her daughter and came to reside with her brother-in-law (Jeeja) Chandra prakash at Takhatpur. It is alleged that both the non-applicants are leading an adulterous life. On 29.10.95, when the applicant went to see his daughter at the house of non-applicant No.2 at Takhatpur, he found his wife and non-applicant No.2 in a compromising position. On that basis, he filed the petition for dissolution of marriage. 3. In support of his contention, the applicant examined himself (A.W.1) and Shishir Kumar Chhatre (A.W.2). 4. Nobody appeared for respondent No.1 Smt. Chandra prabha, the wife of the applicant to contest the petition of dissolution of marriage. There form, the 5th Additional district Judge Bilaspur, on the basis of statement of applicant Shailendra Kumar (A.W.1) and Shishir Kumar (A.W. 2) found that Smt. Chandra Prabha was lsading an adulterous life and granted a decree of divorce which has come up before us for confirmation u/s 17 of the Indian Diverca Act, 1869. Before this Court also neithar party appeared. 5. We have gone through the record and the order passed by the learned 5th Additional District Judge Bilaspur. We are of the opinion that there is hardly any ground to take a different view than taken by the Court below. Before this Court also neithar party appeared. 5. We have gone through the record and the order passed by the learned 5th Additional District Judge Bilaspur. We are of the opinion that there is hardly any ground to take a different view than taken by the Court below. Hence we confirm the decree of divorce granted by the 5th Additional District Judge. 6. The reference is accordingly disposed of.