KOUSALLIYA Vs. KRISHNAN

JUDGEMENT

(1.) This is an appeal from the decision of Vaidialingam J., in S. A. No. 810 of 1960 Krishnan v. Kousalliya 1962 KLT 425 in pursuance of the declaration granted under S.5 of the Kerala High Court Act, 1958. The appellant before us was the petitioner in O. P. No. 70 of 1958 of the Munsiff's Court of Tellicherry. That petition which has been held to be not maintainable in the judgment under appeal was under S.10B of the Madras Marumakkathayam Act, 1932.

(2.) S.10B of the Madras Marumakkathayam Act, 1932, was inserted in Chap.2 of that Act by the Madras Marumakkathayam (Amendment) Act, 1958. The section deals with permanent alimony and maintenance, and reads as follows:

(3.) Chap.2 of the Madras Marumakkathayam Act, 1932, deals with marriages and their dissolution. S.4 indicates the marriages which are valid under that Act. S.6 provides that a marriage valid under S.4 may be dissolved by a registered instrument of dissolution executed by the parties thereto or by an order of dissolution by a court competent to pass such an order. S.1 specifies the court before which a husband or a wife may present a petition for the dissolution of their marriage. S.9 says: