RAJAMMA Vs. NARAYANA PILLAI

JUDGEMENT

(1.) The counter petitioner in Nair Act Petition No.8/1124 of the District Munsiffs Court, Krishnapuram, is the appellant in this case. The respondent who was her husband filed a petition under S.5 of the Travancore Nair Act (Act II of 1100) for dissolution of the marriage. The court below passed an ex parte order on 28-2-1123 dissolving the marriage. On 9-2-1950 the appellant filed a petition to set aside the ex parte order on the ground that the notice of the petition for dissolution of marriage was not served on her. The court below held that notice of the petition was properly served on the appellant and dismissed her petition. The appeal is from that order.

(2.) A preliminary objection was taken on behalf of the respondent that no appeal lies from the order of the court below. Sub-section 4 of S.7 of the Nair Act provides for appeal from a decision of the District Munsiff relating to dissolution of marriage. That sub-section reads thus:

(3.) It was, however, argued on behalf of the appellant that even if sub-s.4 of S.7 of the Act would not apply to the case the provisions of the Code of Civil Procedure relating to appeals will apply and that, therefore, the appeal is maintainable. Reliance was placed on sub-s.6 of S.7 of the Act and S.141 of the Code of Civil Procedure. Sub-s.6 reads thus: