NANDITA MENON Vs. P A MENON

JUDGEMENT

(1.) This appeal is by the wife on the question of jurisdiction decided by the Principal Family Court at Bangalore, in a matrimonial matter arising under the Special Marriages Act, 1954 (hereinafter referred to as the Act).

(2.) We propose to state only those facts which are necessary for the disposal of this appeal and no more and they are as follows: The respondent before us (husband) presented a petition purportedly under Section 31 of the Act seeking a decree of divorce annuling the marriage between himself and the appellant before us. He stated in his pleadings that the marriage was solemnised at Bombay under the Act. He has specifically pleaded in para-15 of his petition as follows:

(3.) The order under appeal is passed unfortunately without properly understanding the position in law or the correct procedure that is required to be followed in the facts and circumstances of the case. Though the procedure to be followed by the Family Court is summary in character, the Presiding Officer is under an obligation to formulate the points for determination clearly and decide the same after inviting and receiving evidence and that is the procedure it should follow. Now we think it proper to extract para-4 of the Judgment which is as follows: