PREMA Vs. M ANANDA SHETTY

JUDGEMENT

(1.) These two Civil Revision Petitions raise a common question of law relating to the provisions of the Madras Aliyasanthana Act governing the dissolution of marriage between the parties governed by the said Act and the effect, if any, thereon, of the provisions of Hindu Marriage Act, 195,5 concerning dissolution.

(2.) In both the cases, parties belong to the community called Bunts in South Kanara who are governed by the Aliyasanthana Law. They are therefore governed by the Madras Aliyasanthana Act, 1949.

(3.) In each of these cases, the petitioner is the husband and he made an application to the Court of Munsiff having jurisdiction under S.8 of the Aliyasanthana Act. Under the said section, either a husband or wife may present a petition for dissolution of the marriage; no orders are passed thereon immediately. Under S.9, a copy of the petition has to be served on the respondent at the cost of the petitioner. Under S.10. on the motion of the petitioner made not earlier than six months, and not later than one year, after the service of the copy of the petition aforesad, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied after such inquiry as it thinks ft fit that a marriage which is valid under S.4 was contracted between the parties, by order in writing, declare the marriage dissolved.