CHELLAPPAN NAIR Vs. MADHAVI AMMA

JUDGEMENT

(1.) The petitioner in Divorce Petition No. 7 of 1957 of the District Court of Trivandrum is the petitioner before us. By that petition he sought a dissolution of his marriage to the 1st respondent under S.13 of the Hindu Marriage Act, 1955. The lower court held that he was not entitled to invoke that section and that his only remedy was under S.5 of the Travancore Nayar Act, II of 1100.

(2.) S.13 of the Hindu Marriage Act, 1955, provides that any marriage solemnised, whether before or after the commencement of that Act, may, on a petition presented by either the husband or the wife be dissolved by a decree of divorce on any one of the grounds enumerated in that section. S.5 of the Travancore Nayar Act, II of 1100, reads as follows:

(3.) S.30 of the Hindu Marriage Act, 1955, repealed the enactments specified in that section. The Travancore Nayar Act, II of 1100, is not one of them.