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2021 Supreme(Kar) 121

B.V.NAGARATHNA, M.G.UMA
Leo John, S/o. S. J. Peter – Appellant
Versus
Eugenia Preethi, D/O. Louis R. Dominic – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Nandish Patil, Advocate
For the Respondent:Sri A. Ram Mohan, Advocate

JUDGMENT :

NAGARATHNA, J.

Though these appeals are listed for Admission, with the consent of learned counsel on both sides, they are heard finally.

2. M.F.A. No.6563 of 2018 has been filed by the husband while M.F.A. No.7501 of 2018 has been filed by the wife, both assailing the judgment and decree passed in M.C. No.3116 of 2011 dated 5-7-2018 by the IV Additional Principal Judge, Family Court, Bengaluru.

3. At this stage itself, it may be stated that the petition filed by the wife under Section 27(1)(e) and (d) read with Section 37 of the Special Marriage Act, 1954, (hereinafter referred to as ‘the Special Marriage Act’) as well the counter claim filed by the husband under Section 35 of the Special Marriage Act were both dismissed by the Family Court. Being aggrieved, the husband and wife are in appeal before this Court.

4. We also state that the reason for dismissal of the petition filed by the wife as well as the counter claim filed by the husband before the Family Court was on the premise that the Special Marriage Act did not apply to the parties. Therefore, an interesting question arises in these appeals, namely, as to the law that is applicable to the parties so as to seek divorce

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