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1969 Supreme(Ker) 205

K.K.MATHEW, P.T.RAMAN NAYAR, P.GOVINDA NAIR
AYYAPPA KURUP KRISHNA PILLAI – Appellant
Versus
PARUKUTTY AMMA SUBHADRA AMMA – Respondent


Judgment :-

1. This case has come up before us because the division bench that heard it in the first instance thought that the decision of a full bench of this Court in Vasappan v. Sarada 1957 KLT. 977 (FB.) and that of a division bench in Raghavan Indira v. Kesavan Gopinathan 1968 KLT. 528 required reconsideration in the light of the decision of a single judge in Vijayammma v. Gangadharan 1967 KLT. 115. But, with great respect, I have no doubt whatsoever that Vasappan v. Sarada 1957 KLT. 977 and Raghavan Indira v. Kesavan Gopinathan 1968 KLT. 528 which held that legal proceedings for the dissolution of a Hindu marriage under a special enactment could be taken in the forum named in that enactment, notwithstanding the passing of the Hindu Marriage Act, were rightly decided, and with equally great respect I think that Vijayamma v. Gangadharan 1967 KLT. 115 which held that in view of S.19 read with S.4 of the Hindu Marriage Act such proceedings could be taken only in the District Court, the saving in sub-section (2) of S.29 applying only to the substantive right to a dissolution, was wrongly decided. Indeed Raghavan Indira v. Kesavan Gopinathan 1968 KLT. 528 expressly states so.

2. Wha
































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