Wife admitting adultery-whether decree for divorce can be granted?
Order 12, Rule 6, C.P.C. makes a provision for judgment on admissions. A careful reading of the provision as contained in Order 12, Rule 6, C.P.C. would show that the Court is not empowered to dispose of the entire suit on the basis of such admissions as are being alleged in the present case. The provision only empowers the Court to grant a partial decree in a pending suit on the basis of admission in the pleadings. I am, therefore, of the view that the impugned judgment and decree cannot be said to be one under Order 12, Rule 6, C.P.C. Another provision for immediate pronouncement of judgment is contained in Order 15, Rule 1, C.P.C. which reads as follows:--
"Parties not at issue.--- Where at the first hearing of suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment."
In the present case, it cannot be said that the parties were not at issue on any question of law or of fact and, therefore, the Court could not pronounce judgment on the basis of the alleged admissions of the appellant in her written statement. Frankly speaking, the petition for divorce contained vague allegations of continuous act of adultery against the wife but did not contain any specific allegation to the effect that the wife had voluntary s*xual intercourse with any person other than her husband. Accordingly, the impugned judgment and decree of the Court below cannot be sustained even on the basis of the provision contained in Rule 1 of Order 15, C.P.C.1
Madhya Pradesh High Court
Smt. Leela Pande vs Shri Sachendra Kumar Pande on 16 February, 1994
Equivalent citations: AIR 1994 MP 205, 1995 (0) MPLJ 397
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