Confirmation of a divorce decree based on findings of fact due to non-participation of the respondent in the proceedings.

1. - This is a reference made by the Family Court under section 10/17 of the Indian Divorce Act for confirming the judgment and decree dated 31.10.1994 passed by the Judge, Family Court, Kota in between the parties.

2. A divorce petition under Section 10 of the Indian Divorce Act was moved before the Family Court. The parties were married on 6.7.1983 in accordance with the Christian rites. A child was also born out of the wed-lock who was of the age of 8 years at the time of presentation of the petition. Because of the reason that the parties could not stay together, they started living separately. The allegations are made that the petitioner Smt. Nishi was being even harassed because of insufficient dowry and was also being beaten. She was turned out of the house. The allegations are also made that the respondent was living in adulterous life. The respondent did not appear before the Family Court and exparte proceedings were ordered. The statement of Mohd. Shakeel was recorded who had stated about the drinking habit of the respondent and also living adulterous life. It was also held that the petitioner was turned out of the house because of cruelty. Findings have been given by the Family Court that the respondent was living adulterous life.

3. For the reasons that the respondent had not participated in the proceedings before the Family Court, finding of fact have been arrived by the Family Court and a divorce decree was passed.

4. We, therefore, find that the decree is sustainable on the ground of cruelty, desertion and adultery and deserves to be confirmed in favour of the petitioner on this count. We confirm the decree on the grounds mentioned above in'favour of the petitioner.Decree Of Divorce Confirmed

*******