Divorce can not be granted on the basis of conciliator's recommendations
Sub-section (3) of Section 23 of the Act only envisages nomination of a person by the Court to bring about reconciliation between spouses engaged in matrimonial litigation. It does not say that such nominated person can dissolve the marriage by a decree of divorce. The Act does not postulate (hat the matrimonial Court can refer the matrimonial dispute for dissolving the marriage to a referee or an arbitrator. Rather para 8(1) of the report of the refereerecommends dissolution of marriage without going into the allegations and counter allegations of the parties. The award of the referee is not within the purview of Section 13 of the Act and cannot be sustained. The matrimonial Court also has not given any finding that any of the grounds, on which decree of divorce for dissolution of marriage could be obtained by either of the spouses was established. It has dissolved the marriage only on the basis of the report ofthe referee, which is not permissible under the law. The judgment of the matrimonial Court is de hors Section 13 of the Act and cannot be sustained.
Punjab-Haryana High Court
Raj Kumar Bansal vs Mrs. Anjana Kumari on 27 January, 1994
Equivalent citations: AIR 1995 P H 18
