VASAPPAN Vs. SARADA

JUDGEMENT

(1.) This revision petition raises a question of jurisdiction. The parties to this petition are members of the Ezhava community of the State of Travancore which now forms part of Kerala State. The law of marriage governing members of this community is regulated by the provisions of the Travancore Ezhava Act, Act III of 1100 M. E. S.7 of that Act prescribes the different modes in which a marriage could be dissolved. One such mode is by a formal order of dissolution as contemplated by S.8. That section runs as follows:

(2.) The parties to this petition are Hindus and hence there can be no doubt that they are governed by the provisions of the Hindu Marriage Act, XXV of 1955. But that does not mean that the provisions of the special statute by which they were governed on the date when the Hindu Marriage Act came into force have, been completely abrogated by the Hindu Marriage Act. The learned Munsiff appears to have taken the view that the overriding effect of S.4 of the Hindu Marriage Act has been a repeal of the provisions of the Travancore Ezhava Act also. In drawing such an inference he has obviously failed to notice the saving provision contained in the opening portion of S.4 itself. That section is in the following terms:

(3.) In the result this revision petition is allowed in the manner indicated above, and the lower courts order dismissing the petition E. R. P. 5/1956 is set aside. In the circumstances of this case we make no order for costs of this petition.