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Judgment
Jagannadha Rao, C.J.—This is an application u/s 17 for confirmation of the decree of divorce passed by the learned District Judge, Pathanamthitta dated 20-8-1992 The O.P. itself was filed u/s 10 of the Indian Divorce Act by the wife against the husband. Section 17 of the Indian Divorce Act read as follows;
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
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Provided that no decree shall be confirmed under this section till after the expiration of such time, not lets than six months from the pronouncing thereof, as the High Court by general or special order from time to time directs.
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Learned counsel for the petitioner-wife submits that the period of time mentioned in the proviso to Section 17 is not mandatory, and that this Court has discretion to confirm a decree for dissolution even before the expiration of six months from the date of the decree as passed by the District Court.
We are unable to agree with this submission for two reasons; one is ever since 1869 when the Indian Divorce Act was enacted, such a contention does not appear to have been raised at any time; and secondly the provision is based on the desire of the Legislature to give a minimum time of six months for the spouses to come together so as to avoid confrontation. The provision, being in the public interest, must be treated as mandatory. This Court has no power to dispense with the said requirement. For the aforesaid reasons, the C.M.P. is dismissed.