A.K. Mathur, Ag. C.J.--This petition has been placed before this Court for confirmation of decree of judicial separation passed by the III Additional Judge to the Court of District Judge, Hoshangabad, dated 30th April, 1994.

2. Smt. Ushadas filed a petition against Rajeshdas for decree of judicial separation on the ground of adultery and cruelty against her husband that he is living in adultery with one Minakshi and he is also treating her cruelly by beating her. Petition was contested by the other side and the husband denied the allegations. On the pleadings of the parties about 6 issues were framed and the learned Additional District Judge after recording necessary evidence of the petitioner granted a decree of judicial separation. After filing written statement the respondent did not appear to contest and remained ex-parte, therefore, evidence was recorded ex-parte and decree of Judicial Separation was passed and same has been placed for confirmation.

3. Notices were issued to both the parties but none appeared before this Court.

4. This case should not have been sent for confirmation before this Court as in accordance with section 17 of the Indian Divorce Act, 1869 it is only decree for dissolution granted by the District Judge should be sent for confirmation before the High Court. Since this was not a decree for dissolution but it is only decree for judicial separation passed by the Additional District Judge under section 22 of the Indian Divorce Act and it does not require any confirmation.

Section 17 of the Indian Divorce Act reads as under:

"Sec-17 Confirmation of decree for dissolution by District Judge. -- Every decree for a dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court." Section 17 of the Act lays down that decree for dissolution of the marriage passed by the District Judge shall be subject to the confirmation of the High Court. It is only the case of dissolution of the marriage that has to be confirmed by the High Court. But decree of judicial separation does not amount dissolution of marriage. Chapter V deals with the judicial separation. Section 22 of the Act reads as under:

"Sec. 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 excuse for two years or upwards, and such decree shall have the effect of a divorce a mensa at toro, under the existing law, and such other legal effect as here-in-after mentioned."

Section 22 only says that it is a dissolution of the marriage mensa et toto but it is not a dissolution as contemplated in section 19. The effect of judicial separation is that though it does not dissolve the marriage but it is suspension of marriage and there is separation of both in bed and board. Though it is a decree of judicial separation but still it is not a total dissolution of the marriage rendering it nullity or void. The effect of such judicial separation has been given in section 24 which reads as under:

"Sec. 24. Separated wife deemed spinster with respect to after-acquired property -- In every case of a judicial separation under this Act the wife shall, from the date of the sentence, and whilst the separation continue, be considered as unmarried with respect to property of every description which she may acquire or which may come to or devolve upon her.

Such property may be disposed of by her in all respect as an unmarried woman and on her decease the same shall, in case she dies intestate go as the same would have gone if her husband had been then dead:

Provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such co-habitation takes place beheld to her separate use, subject, however, to any agreement in writing made between