( 1 ) THIS appeal under S. 28 of the Hindu Marriage Act, 1955, to be hereinafter referred to as 'the HM Act', is preferred against the order dt. 29-11-1991 made by the Court of Civil Judge at Udupi, to be hereinafter referred to as 'the trial Court', dismissing a petition under S. 13 of the HM Act seeking dissolution of a Christian marriage by a decree of divorce, as unmaintainable.

( 2 ) THE appellant and the respondent here were respectively the petitioner and the respondent in the petition before the trial Court. The marriage of the petitioner, who was a Christian, and the respondent, who was a Hindu, was solemnised on 17-3-1977 at St. Lawrence Church, Moodubelle, by the Paris Priest of that Church by adoption of Christian form of marriage. When the Christian wife of the said marriage, which was evidenced by the Certificate of Marriage dt. 7-7-1991 issued by the Paris Priest of the above Church, presented before the trial Court a petition under S. 13 (1) of the HM Act against her Hindu husband seeking dissolution of their marriage by a decree of divorce on the grounds available thereunder, that petition is dismissed as unmaintainable by an order dt. 29-11-1991 of the trial Court

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