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GAUHATI HIGH COURT
K. LAHIRI, Ag. C.J., K. N. SAIKIA AND S. HAQUE, JJ.
Ka Steidons Syiemlieh -Appellant
Versus
U.Skipland Sanglyne and another -Respondent
Divorce Suit No. 2 (SH) of 1984
Decided On : 02-05-1985
DIVORCE - DISSOLUTION OF MARRIAGE - INDIAN DIVORCE ACT, 1869 - SECTION 10, 14, 17 - CHRISTIAN MARRIAGE ACT - ADULTERY - DESERTION - STANDARD OF PROOF - CONFIRMATION OF DECREE NISI.
Fact of the Case:
Petitioner filed for dissolution of marriage with Respondent No. 1 on grounds of adultery and desertion for more than two years without reasonable excuse. The marriage was solemnized under the Christian Marriage Act and the parties were Christians. The respondent deserted the petitioner on 18-4-1979 and the divorce suit was instituted in May, 1981.
Finding of the Court:
The court found that the respondent committed adultery with the co-respondent and deserted the petitioner without any reasonable cause for over two years. The court also found that the petitioner had proved by adducing cogent evidence that the respondent and the co-respondent had disposition and opportunity for committing adultery.
Issues: 1. Whether the petitioner had proved the allegations of adultery and desertion against the respondent? 2. Whether the standard of proof required in matrimonial causes is the same as that required in criminal cases?
Ratio Decidendi: 1. The court held that the petitioner had proved the allegations of adultery and desertion against the respondent by a preponderance of probability. The court considered the evidence of the petitioner and her witness, the fact that the respondent and the co-respondent did not come to refute the allegation of adultery in spite of notices of the suit, and the fact that the church authorities ex-communicated the respondent and the co-respondent in view of their adulterous lives. 2. The court held that the standard of proof required in matrimonial causes is not the same as that required in criminal cases. The court relied on the decision of the Supreme Court in E.1. White v. Mrs. K.O. White, AIR 1958 SC 441 (444) and held that the allegation must be proved "to the satisfaction of the Court".
Final Decision: The court confirmed the decree nisi for dissolution of marriage passed by the District Council Court, Khasi Hills under Section 14 of the Indian Divorce Act, 1869.
Judgement
K. LAHIRI, C. J. (Acting):- The decree nisi for dissolution of marriage passed by the District Council Court, Khasi Hills under Section 14 of the Indian Divorce Act, 1869 for short "the Act", has come up for confirmation under Section 17 of the Act.
2. Divorce Galore Syndrome: The other names of dissolution are "destruction end of life and death". We are alarmed to note the mercurial upswing of divorce proceedings in this region. A considerable number of cases coming from this region relates to legal separation of man and wife. These are all divorce a vinculo matrimony a total divorce of husband and wife dissolving the marriage tie and releasing the parties wholly from their matrimonial obligations. Two young persons go to Church solemnly pledge that they shall ever live as man and wife. The marriages are religiously and solemnly performed. In all systems, be that Hindu, Islamic, Christian etc. marriage is a legal union of one man and woman as husband and wife - it is a legal status, condition or relation between a man and woman united in law for life for the discharge to each other and the community certain positive duties. How is it that so many solemn pledges by so many persons are forgotten over-night and matrimonial ties are snapped? It seems none comes forward to resolve the matrimonial disputes to see that the couple lives together instead of diverting their lives to dangerous courses. What happens to their children after the divorce? What happens to the divorcees themselves? How the society views the divorcees and their regardless children? The effects of divorce on the poor children are well known and the time has come when lawyers, thinking persons, social reformers should come forward to find out the root causes for such a large number of divorces. Steps and actions have become essential to inform all that a marriage is not a childs play. The malady requires diagnosis by social physicians, who shall undoubtedly find out the preventive and curative measures to bring back calm and peace in the society and households. A conjoint action to prevent divorces and encourage the couples to live in peace and amity for their sake, for the sake of their children and for the society. The action and inter-action of divorce proceedings have telling effect on the society. We all realize but as yet nothing tangible has been done. Public interest requires that the marriage bond should not be set aside lightly unless it becomes absolutely imperative.
3. Legal aid in Matrimonial Causes :
The world over Legal Aid Societies have done yeoman services in matrimonial causes. In England a very large proportion of the cases were brought under the provisions of Legal Aid and Advice Act, 1949 and later statutory provisions have been made in the Legal Aid Act, 1974. A very large proportion of cases brought under the provisions is concerned with matrimonial causes. In the field of Legal Aid and Legal education the Legal Aid societies can do a lot. In England the Law Societies, Matrimonial causes Department, deal with cases, where maximum contribution has been made for educating the litigants as well as providing appropriate and adequate legal assistance to the needy. We draw the attention of State Legal Aid Boards to ponder over the matter and evolve measures to assist the litigants who are really in distress, ameliorate their conditions and render appropriate assistance to those who need legal aid. We hope and trust that the Legal Aid Act, which we are told at the Bar, is taking a concrete shape to come out as a Parliamentary Act, shall surely make necessary provisions in respect of Matrimonial causes.
4. What about appointment of an officer by the State Government under section 17 A of "the Act" and making of the necessary Rules for their control and guidance?. Long thirty and seven years have rolled by and thousands of decree nisi hav
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