The legal point established is the requirement for proper evidence and solemnity in dissolution of marriage cases under the Divorce Act, and the criticism of perfunctory conduct by the trial court.

( 1 ) THIS reference under S. 17 of the Divorce Act is by the III Addl. Judge, City Civil Court, Bangalore City, seeking for confirmation of the decree dt. 24-7-1981 passed by his predecessor, for dissolution of marriage, by his letter dt. 20-4-1982.

( 2 ) THE petitioner, Nirmala was married to the respondent R. Anthony Raj on 26-4-1967 at St. Joseph's Church, Mysore and according to her they lived together as husband and wife till 16-10-1977. They were last residing in Bangalore. A boy and a girl are born to her out of the wedlock. She has further averred that when the charm of married life faded, the respondent started illtreating her. She has particularly averred that she was illtreated by her husband during the months Oct. 1975, Dec. 1975, Mar. 1976 and Oct. 1977. She also averred in her petition that her husband committed sodomy on her and sought for dissolution of marriage.

( 3 ) THE husband remained absent during hearing. The petitioner filed an affidavit in proof of her allegations made in the petition; and the learned Presiding Officer relying on the averments in the affidavit proceeded to pass a decree as prayed for. He did not even observe that the decree was subject to confirmation by this Court in his judgment and order as required under S. 14, read with S. 17 of the Divorce Act. Thereafter, however, a memo was filed by the learned Counsel appearing for the petitioner pursuant to which a reference under S. 17 of the Divorce Act is made to this court for confirmation of the decree for divorce by the succeeding Presiding Officer, by a letter addressed to the Registrar dt. 20-4-1982 and it is that way that this reference has come up for consideration before this Court.

( 4 ) SECTION 17 of the Divorce Act lays down that every decree for dissolution of marriage made by a District Judge, shall be subject to confirmation by the High Court. It further states, that cases for confirmation of a decree for dissolution of marriage shall be heard (where the number of the Judges of the High Court is three or upwards) by a Court composed of three such Judges, and in case of difference the opinion of the majority shall prevail; or (where the number of the Judges of the High Court is two) by a Court composed of such two judges, and in case of difference the opinion of the senior Judge shall prevail. The Section further provides that the High Court, if it thinks that further enquiry or additional evidence is necessary, may direct such enquiry to be made or such evidence to be taken the result of such enquiry and additional evidence shall be certified to the High Court by the District Judge, and the High Court shall thereupon make an order confirming the decree for dissolution of marriage, or pass such other order as the Court deems fit.

( 5 ) IT is true that the burden of proof in these proceedings under the Divorce Act is as in a Civil case and not as in a Criminal case. It should be proof by preponderance of probability and not beyond reasonable doubt. It is also necessary to caution that graver the charge made, the greater should be the degree of proof that is required to satisfy the court.

( 6 ) IN the instant case, it is seen that the petitioner has filed an affidavit sworn by her before the Sheristedar, II Munsiff Court, Bangalore on 30-6-1981, in proof of the averments made in the petition.

( 7 ) ORDER 19, R. 1 C. P. C. speaks of the power of the Court to order any point to be proved by affidavit. It states :"any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable. "thus, it is clear that a Court has the power for sufficient reason to order that any particular fact or facts may be proved by affidavit. It does not enable the court to direct that a case be proved by filing affidavit.

( 8 ) ON going through the order-sheet of the trial court, w