VIJAYAMMA Vs. GANGADHARAN

JUDGEMENT

(1.) This Civil Revision Petition has arisen in a proceeding before the Subordinate Judge, Trichur, for restitution of conjugal rights instituted under S.9 of the Hindu Marriage Act, 1955, by a Nair husband. The wife in her turn has moved a petition before the Munsiff, Perumbavoor, for divorce under the Travancore Nayar Act, 1100. Both the petitions have been filed in 1965 and are pending trial. On November 15, 1965, the wife sought stay of the former proceedings against her under S.151 CPC., but was dismissed by the Subordinate Judge. She has therefore come up for a revision of that order.

(2.) Obviously, if the two petitions abovesaid are tried by different Courts and they arrive at different conclusions thereon it may lead to an absurd state of affairs. The husband would compel the wife to conjugal union and the wife would refuse to see him, under the respective decrees in their favour. The circumstances therefore call for a joint or contemporaneous trial in the same Court of both the petitions.

(3.) In the light of the above facts, I proceed to examine the provisions of the Hindu Marriage Act, 1955-1964. The relevant provisions of the Act read thus: