NAOAVVA Vs. PARVATHAVVA

JUDGEMENT

(1.) The appellant Nagavva, who was petitioner in Matrimonial Case No. 46 of 1968 on the file of the Civil Judge, Belgaum, has, in this appeal, challenged the judgment passed by the learned Civil Judge in the said case holding that her petition filed under S.11 read with S.5 (i) of the Hindu Marriage Act 1955 (hereinafter referred to as the 'Act') is not maintainable.

(2.) The appellant averred in her petition that she married one Madivalappa in the year 1965 in Mudhol, Bijapur District. At that time the respondent Parvathavva alias Gowravva was alive. She is the first wife of Madivalappa. In view of these facts according to the appellant, clause (i) of S.5 of the Act was violated and therefore her marriage with Madivalappa was void. She further stated in her peitition that the said Madivalappa died on 24-7-1967. She prayed for a decree of nullity that her marriage with Madivalappa was null and void. This petition was presented by her on 30-8-1968.

(3.) The respondent Parvathavva alias Gowrawa was made a party respondent to the said petition under S.ll. She got filed I.A.No.1 in that petition stating that the petition was not maintainable as it was instituted long after the death of Madivalappa. The decision in Gown Ammal v. Thulasi Ammal AIR. 1962 Mad. 510 was relied upon in support of this contention. The learned Civil Judge though the said decision was disapproved in Letters Patent Appeal filed against that judgment as reported in 1964 (1) Mad.L.J. 228(2) prefrred to follow the reasoning in AIR. 1962 Madras 510 and concluded that the petition was not maintainable. It is this judgment that is challenged in this appeal.