RAGHAVAN INDIRA Vs. KESAVAN GOPINATHAN
HIGH COURT OF KERALA
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(1.) This petition seeks to revise the order of the Munsiff of Karunagapally in E. A. No. 4 of 1966. That was a petition for the dissolution of the marriage of the petitioner, Gopinathan to the respondent, Indira, under S.8 of the Travancore Ezhava Act III of 1100. The Munsiff allowed the petition and dissolved the marriage.
(2.) The respondent, Indira, is the petitioner before us. The sole contention urged on her behalf is that the Munsiff of Karunagapally had no jurisdiction to order the dissolution of the marriage in view of the Hindu Marriage Act, 1955, and the decision of Madhavan Nair, J. in Vijayamm v. Gangadharan, 1967 KLT 115 .
(3.) S.7 of the Travancore Ezhava Act, III of 1100 says: "Marriage is dissolved only in one of the following ways:
(i) by the death of either party; or
(ii) by mutual consent evidenced by a registered instrument; or
(iii) by a formal order of dissolution as hereinafter provided."
The provision for obtaining a formal order of dissolution is embodied in S.8 of the Act. That section is in the following terms:-
"A husband or wife may present a petition for dissolution of the marriage under S.7 Clause (iii), in the Court of the District Munsiff within the local limits of whose jurisdiction the respondent resides, carries on business or personally works for gain, or if the respondent resides, carries on business or personally works for gain in any place outside Travancore, in the Court of the District Munsiff within whose jurisdiction the petitioner resides, and the petitioner shall, in all cases, offer in the petition reasonable compensation to the respondent except where such respondent has changed his or her religion:
Provided that the wife shall herself be competent to apply for divorce if she has completed sixteen years of age";
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