1. Thomas Kuriakose, filed O.P. No. 1695/1999 against his wife Abraham Mary for a decree of judicial separation. Both the spouses were employed at Italy. There was already a decree for judicial separation from a court of Italy. On the basis of the above order of the Court of Italy, this court also passed a decree for judicial separation on 31.7.2000. After two years of passing of the decree for judicial separation, the husband filed the present C.M.P. for declaring that the above decree for judicial separation has the effect of divorce of the marriage between the petitioner and the respondent. The respondent filed a counter affidavit contending that the decree for judicial separation does not have the effect of divorce and that the petitioner is not entitled to any such declaration.

2. The learned counsel for the petitioner - husband submitted that in view of S.22 of the Indian Divorce Act, an order passed for judicial separation will have the effect of divorce and as such the petitioner is entitled to get a declaration to that effect. Reliance was placed on a decision of a Learned single judge of this Court in Raji C. Moncy v. Lissa K. Jacob (2001 (1) KLJ 650). That was