1. This appeal arises out of a suit for dissolution of a marriage. The appellant is the wife and the respondent is the husband and the appellants allegation in the plaint is that she and her husband are Nairs of Travancore and are governed by the Marumakathayam Law as modified by the Nair Act of Travancore and that is the personal law of the parties. The ground for dissolution of marriage is desertion, legal cruelty and incompatibility of temperament, and in the jurisdiction clause the appellant avers that the parties are residing within the jurisdiction of this Court and this Court has jurisdiction to try the suit. When the matter came before Mr. Justice Coyajee, he took the view that in view of Section 19 of the Hindu Marriage Act, 1955, this Court had no jurisdiction to try the suit and therefore he ordered that the suit should be transferred to the City Civil Court which according to him was the only forum which could entertain this suit. The learned Judge took this view because in his opinion the Hindu Marriage Act of 1955 applied to the parties.

2. Now, undoubtedly, that Act applies to the plaintiff and the defendant because that Act applies to every Hindu. Under Sec