G MADHAVAN NAIR Vs. S RADHAMONY

JUDGEMENT

(1.) The revision petitioner is the husband of the 1st respondent. Their marriage was on 4-12-1975. A child was born to them, as stated in the 1st respondent's objections on 30-10-1976; a son. Alleging mental derangement and incompatibility of temperament, and invoking S.4 and 5 of the Travancore Nair Act, 1100, the petitioner on 27-8-1976 filed a petition in the lower court for dissolution of his marriage to the 1st respondent. That court on 14-3-1977 dismissed this petition stating that it has abated or lapsed on account of the repeal of the Travancore Nair Act, 1100, by S.7(2) of the Kerala Joint Hindu Family System (Abolition) Act, 1975, which came into force on 1-12-1976. This is the order under revision.

(2.) The Hindu Marriage Act, 1955, is in force from 18-5-1955. It, as seen from its preamble, was enacted 'to amend and codify the law relating to marriage among Hindus'

(3.) S.29(2) of the Hindu Marriage Act, 1955, reads:-