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1983 Supreme(Ker) 257

PARIPOORNAN
BALAKRISHNA KURUP – Appellant
Versus
BHARGAVI AMMA – Respondent


Judgment :-

1. The appellant herein was the petitioner in OP. No. 150 of 1976 of the Munsiff's Court, Tellicherry. The respondent herein was the respondent in the OP. also. OP. No. 150 of 1976 was moved by the appellant for dissolution of marriage. It was filed on 30-7-1976. The wife (respondent in the OP.) filed LA. No. 168 of 1977 on 13-1-1977 under S.10B of the Madras Marumakkathayam Act claiming permanent alimony of Rs. 200 per mensem. A sum of Rs. 40/- was also awarded by way of cost of the proceedings in LA. No. 167/ 77. The appellant filed AS. No. 256 of 1977 before the court of the Subordinate Judge, Tellicherry. The order of the trial court was confirmed. The petitioner in O.P. No. 156 of 1976 (the husband) has come up in second appeal.

2. Appellant's counsel, Mr. T. V. Ramakrishnan, raised only one contention in the second appeal. According to counsel, the application under S.10B of the Madras Marumakkathayam Act was filed by the respondent on 13-1-77, on which day the Madras Marumakkathayam Act stood repealed by the Kerala Joint Hindu Family System Abolition Act 1975 (Act 30 of 1976). Act 30 of 1976 came into force on 1-12-1976. Application No. 168 of 1977 was filed by th













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