SUDHA ALIAS GULABI Vs. SANKAPPA RAI

JUDGEMENT

(1.) In this revision petition, the validity of Section 10 of the Madras Aliyasanthana Act, 1949 (Madras Act No. IX of 1949) to be referred to hereinafter as the "Act", is questioned on various grounds.

(2.) The material facts are as follows: The petitioner and the respondent were married on 10-6-1954. The petitioner begot two children (twins) by the respondent on 8-5-1955. For sometime after their marriage, it is said that their married life ran on smooth lines. Thereafter differences arose between them. Ultimately the respondent filed O. P. No. 17 of 1961 in the Court of the learned District Munsiff, Puttur, under Sections 8 and 10 of the 'Act' for the dissolution of the marriage. The trial Court by its order dated 4-4-1962 has dissolved the marriage.

(3.) The trial Court did not, and in fact, if the provisions of the "Act" are valid, could not go into the grounds set out in support of or in opposition to the prayer made in the petition. It proceeded to pass a decree for dissolution after the period mentioned in Section 10 of the "Act" had expired.