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1949 Supreme(Mad) 307

KRISHNASWAMI NAYUDU
T. A. Menon – Appellant
Versus
K. P. Parvathi Ammal – Respondent


Advocates:
V. Ramaswami Aiyar, M.V. Ganapathi and P.C. Sarangapani for Petitioner.
V. Rajagopalachari and A. Achuthan Nambiar for Respondent.

Judgment

This revision petition raises among others, an important question of jurisdiction for a petition under section 6, of the Madras Marumakkattayam Act (XXII of 1933). The petitioner is the husband. The respondent is the wife. They are persons governed by the Marumakkattayam law of inheritance. They were married on the 22nd March, 1941. The marriage was celebrated at Behala, in West Bengal. The husband is a member of the Indian Civil Service permanently employed in West Bengal. The parties entered into a deed of dissolution of marriage on the 10th October, 1947, the validity of which is however not admitted by the petitioner. On the 6th January, 1948, the husband filed Title Suit No. 10 of 1948 on the file of the Third Court of Munsif of Alipore, 24 Parganas, against his wife and mother-in-law for restitution of conjugal rights and for a decree declaring that the deed of dissolution of marriage dated 10th October, 1947, was obtained fraudulently and was not binding on the parties to it. The wife filed a suit in the Madras City Civil Court, O.S. No. 61 of 1948, for a declaration that the deed of dissolution was valid and binding on her husband, the petitioner. She filed an appli
















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