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1957 Supreme(Bom) 34

S.R.TANDOLKAR, Y.V.DIXIT
Hirabai Ramchandra – Appellant
Versus
Ramchandra Rawoo – Respondent


Judgment -

1. This is a civil revision application against an order of Judge Mehta of the City Civil Court allowing an amendment of the plaint in a matrimonial cause. The petition was originally filed for judicial separation by reason of desertion by the defendant, who is the wife of the plaintiff, for four years under the Hindu Marriage Act, 1955. The amendment that was applied for was for a divorce on the ground of desertion under the Bombay Hindu Divorce Act, 1947, alleging that the wife had deserted the husband from August 1949.

2. Now, under the Hindu Marriage Act, 1955, only judicial separation can be obtained on the ground of desertion and not divorce; and what is urged before us by Mr. Kadam is that the learned Judge erred in granting leave to amend the petition to the husband, because, ac- cording to him, the petitioner not having availed himself of the provisions of the Bombay Hindu Divorce Act before it was repealed by the Hindu Marriage Act, 1955, he should not be allowed to do so now. This argument appears to us to ignore both the specific provisions of the Hindu Marriage Act, 1955, and the provisions of the General Clauses Act, which provide for the saving of vested ri



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