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1979 Supreme(Ker) 88

KUMARI P.JANAKI AMMA, P.SUBRAMONIAN POTI
Gopalakrishnan Nair – Appellant
Versus
R. Sarasamma – Respondent


Advocates:
P. N. Sankaranarayana Pillai and M. P. N. Panicker, for Appellant, O. V. Radhakrishnan and Radhamoni Amma, for Respondent

Judgement

SUBRAAMONIAN POTI, J. :- A question of some importance arises for decision in this case. It concerns the consequence of the repeal by Section 7 of the Kerala Joint Hindu Family System (Abolition) Act, 1975 of the Acts mentioned in the Schedule. one of the Acts so repealed is the Travancore Nair Act 2 of 1100. That Act provides among other things, for dissolution of a marriage solemnised under the Act. It specifies founds for dissolution of marriage and also prescribes the procedure by which the right to seek dissolution is to be exercised. The court to which proceedings would lie is also specified. The Hindu Marriage Act 1955 provides in Section 13, for dissolution of Hindu Marriages. The grounds for dissolution are specified in this Act and the procedure for seeking dissolution is also specified in the Act. The grounds for dissolution under the Hindu Marriages Act are not identical with the grounds for divorce in the Nair Act 1100.

2. Notwithstanding the commencement of the Hindu Marriage Act 1955 the provisions of the Nair Act 1100 for dissolution of marriage continued to be operative. Now that the Nair Act 1100 has been repealed by Act 30 of 1976 and the repealing Act do








































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