SHANAWAS Vs. SABITHA K M

JUDGEMENT

(1.) THIS appeal is directed against the impugned order under which the court below returned a petition filed by the appellant/husband under Section 24(1) of the Special Marriage Act on the ground that jurisdiction vests not with the Family Court at Kasaragode under Section 31 of the Special Marriage Act.

(2.) THIS appeal has now come up for admission hearing. The learned counsel for the appellant was requested to explain how the impugned order can be faulted. Under Section 31(1) of the Special Marriage Act, the proceedings can be initiated at the venues described under clauses 31(i) to (iv) including clause iii (a). The learned counsel for the appellant submits that petition would be maintainable before the Family Court at Kasaragode relying only on clause (iii) which shows that proceedings can be initiated within the local limits of whose original civil jurisdiction, "parties to the marriage last resided together".

(3.) THIS appeal is, in these circumstances, dismissed in limine.