OMANA PILLAI Vs. RAMAKRISHNA PILLAI

JUDGEMENT

(1.) The petitioner in the lower court applied under the Nair Act II of 1100 (Travancore) for dissolution of her marriage with the counter petitioner mainly on the grounds of habitual cruelty and desertion. The husband opposed this application, but subsequently the parties filed a compromise petition agreeing to the dissolution of marriage. The lower court thought that it had no jurisdiction to allow this petition and so it dismissed the same. The view taken by the lower court is wrong for S.7(2)(a) allows the court to declare in writing the marriage dissolved if the respondent while denying the allegations contained in the petition agrees to the dissolution. This compromise is such an agreement and so we set aside the order of the lower court, allow the appeal and declare the marriage in question dissolved. The parties will bear their costs. There was no appearance for the respondent in this court.