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1966 Supreme(Ker) 305

M.MADHAVAN NAIR
Vijayamma – Appellant
Versus
Gangadharan – Respondent


Judgment :-

1. This Civil Revision Petition has arisen in a proceeding before the Subordinate Judge, Trichur, for restitution of conjugal rights instituted under S.9 of the Hindu Marriage Act, 1955, by a Nair husband. The wife in her turn has moved a petition before the Munsiff, Perumbavoor, for divorce under the Travancore Nayar Act, 1100. Both the petitions have been filed in 1965 and are pending trial. On November 15,1965, the wife sought stay of the former proceedings against her under S.151 CPC., but was dismissed by the Subordinate Judge. She has therefore come up for a revision of that order.

2. Obviously, if the two petitions abovesaid are tried by different Courts and they arrive at different conclusions thereon it may lead to an absurd state of affairs. The husband would compel the wife to conjugal union and the wife would refuse to see him, under the respective decrees in their favour. The circumstances therefore call for a joint or contemporaneous trial in the same Court of both the petitions.

It is pointed out that a petition for divorce under the Travancore Nayar Act is to be tried by a Munsiff with help of delegates appointed for his Court and that therefore a transfer










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