Kerala High Court
Reji C. Moncy vs Lissa K. Jacob on 2 January, 2001
Equivalent citations: AIR2001KER202, AIR 2001 KERALA 202, (2001) 1 KER LJ 650, (2002) 1 MARRILJ 87, (2002) 2 RECCIVR 254
Author: D. Sreedevi
Bench: D. Sreedevi
ORDER D. Sreedevi, J.
1. This is an application put in by the petitioner for setting aside the judgment already passed by this Court and to grant a decree of nullity of marriage as prayed for. According to the petitioner there is ample evidence to find that the marriage between the petitioner and the respondent is a nullity. After appreciating the evidence on record I came to the conslusion that the petitioner is not entitled to get a decree declaring that the marriage is a nullity. Therefore, I do not find any reason to set aside the said judgment. This Court has already granted a decree for Judicial separation under Section 22 of the Indian Divorce Act. This judicial separation decree will have the effect of a decree of divorce as Section 22 reads as follows:
"22. Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife.--No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty or desertion without reasonable exeuse for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned."
Section 7 of the Matrimonial Causes Act, 1857 of England reads as follows:
"No decree shall hereafter be made for a divorce a mensa et thoro, but in all cases in which a decree for a divorce a mensa et thoro might not be pronounced the Court may pronounce a decree for a judicial separation, which shall have the same force and the same consequence as a divorce a mensa et thoro not has."
Section 22 also says that a decree for judicial separation will have the effect of a decree. Under Section 7 of the Indian Divorce Act, this Court can act on the principles of English Divorce Court. The Matrimonial Causes Act prevalent in England states that the judicial separation decree shall have the same force and the same consequences as a divorce a mensa et thoro now has. Therefore, this decree will have the effect of a decree of divorce with the same consequences.
In the result, this R.P. is disposed of in the above lines.