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1941 Supreme(Mad) 27

GENTLE
Kikishru Nadershaw Chinoy – Appellant
Versus
Nargesh Kikishru Chinoy Nee Nargesh Dorabji Tarapore – Respondent


ORDER

Gentle, J.

1. This is an application by the respondent in a petition presented pursuant to the Parsi Marriage and Divorce Act 3 of 1936. In the application the applicant seeks to obtain revocation of the order giving leave to the petitioner to present her proceedings in this Court, the grounds being that the balance of convenience will be met by the proceeding being presented in a Court nearer to the Punjab where the respondent says he is residing. This Court is not the High Court sitting in its original jurisdiction. It is the Parsi Chief Matrimonial Court which is constituted under the provisions of Sections 18 and 19, Parsi Marriage and Divorce Act, 1936. The application on the face of it purports to have been issued under Order 13, Rule 14 (f) of the Rules of the Original Side of the High Court. This rule provides that the Judge sitting on the original side of the High Court shall deal with applications for revocation of orders granting leave to sue.

2. The petitioner applied to the Parsi Chief Matrimonial Court under Section 29, Sub-section (3) of the Act for leave to present her proceedings in the Matrimonial Court in Madras and on 6th February 1941, this Court granted the





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