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1968 Supreme(Mad) 169

ALAGIRISWAMI
Vellinayagi – Appellant
Versus
T. Subramaniam – Respondent


Advocates:
V. N. Krishna Rao, for Petitioner; S. Ramalingam, for Respondent.

ORDER :- This is a petition to revise the order of the learned Subordinate Judge of Thanjavur in I. A. 11 of 1966 in O. P. 6 of 1966. O. P. 6 of 1966 was filed by the present respondent for annulment of his marriage with the petitioner. Along with the original petition No. 6 of 1966, he filed the interlocutory application out of which this civil revision petition arises for condonation of the delay of one year, six months and twenty four days in presenting the petition. The parties were married on 18-6-1963. The petitioner gave birth to a child on 26-2-1964. The petitioner intimated to the Municipal authorities on 8-3-1964 disowning the said child. Thereafter he filed the petition for annulment of marriage on 5-1-1966. On behalf of the petitioner (herein) objection was taken that the Court had no jurisdiction to condone the delay in the presentation of the petition for annulment of the marriage and that the conditions laid down in Sec. 12 (2) of the Hindu Marriage Act were conditions subject to which alone an application for annulment of a marriage under Cl. (d) of sub-section (1) of Section 12 could be maintained.

The learned Judge thought that the question for decision in the case














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