LEELA Vs. RADHAKRISHNAN

JUDGEMENT

(1.) S.15 of the Cochin Nair Act 29 of 113 (hereinafter referred to as the Act) provides for filing of a petition for dissolution of the marriage and S.17 provides for an order to be passed on such petition. The revision before us is one against an order passed under S.17 of the Act on a petition by the husband for dissolution. That the person who presented the petition is the husband of the counter petitioner therein is admitted. That they were married is also admitted. If so S.15 provides that the husband can leek dissolution of such marriage without showing any grounds and on the expiry of 6 months after the service of the copy of such petition on the wife the court has to declare the marriage dissolved if the petition is not withdrawn in the meantime. That has been done by the court below and that is challenged in this revision.

(2.) It is said that the marriage in this case took place under the Hindu Marriage Act and therefore any dissolution must be governed by the provisions of the Hindu Marriage Act. It is very difficult to understand this plea. The parties are, it is agreed, governed by the provisions of the Cochin Nair Act. If so S.15 applies to the dissolution of any marriage between the parties who are governed by the Act. Therefore no question as to how the marriage was conducted arises.

(3.) It is a misconception to speak of a marriage under the Hindu Marriage Act. That Act does not prescribe any particular form of marriage. S.7 is the relevant section. Sub-s.(1) of that section recognises solemnization of marriages in accordance with the customary rites and ceremonies of either party thereto. Therefore in the case of parties governed by special statutes relating to marriage the rites and ceremonies performed by them in accordance with those Acts are recognised as valid requisites for marriages properly solemnised. Sub-s.(2) refers to rites and ceremonies including the saptapadi. It is evident that S.7 does not prescribe any mode of marriage recognised under the Hindu Marriage Act but only provides for treating all marriages conducted in accordance with customary rites and ceremonies as valid marriages. That is why we said that to speak of marriages under Hindu Marriage Act as different from one under the Cochin Nair Act is the result of misunderstanding of the provisions of the Hindu Marriage Act.