P N KALATHI MUDALIAR Vs. ELLAMMAL

JUDGEMENT

(1.) THE question that arises in this civil revision petition is whether the Sub Court, vellore, has got jurisdiction to set aside the ex parte order passed in a petition filed by the petitioner in the Sub Court, Chittoor.

(2.) THE petitioner filed a petition 0. P. No. 25 of 1952 in the Sub Court, Chittoor, under Section 5 of the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 for dissolution of his marriage with Ellammal, the respondent Therein. On 2-811952 the respondent was declared ex-parte and an order was passed by the chittoor Sub Court, directing dissolution of marriage. The parties were residents of sholinghur, which was originally part of the Chittoor Judicial District, and hence the petition 0. P. No. 25 of 1952 was filed in the Chittoor Sub Court. Subsequent to the order passed by that court, Sholinghur came within the jurisdiction of North arcot Dt, under Act 30 of 1953. On 11-6-1959, the respondent filed an application under Section 150 and Order 9 Rule 13 C. P. C. and Section 21 of the Central Act 25 of 1955, to set aside the ex parte order of dissolution of marriage dated 2-81952. This application was filed and numbered as I. A. No. 300 of 1959 on the file of the Sub Court, Vellore. . The petitioner resisted this application contending that it was not maintainable. The Sub Court agreeing with the contention of the petitioner dismissed the application filed by the respondent for setting aside the ex parte order. On appeal the learned District Judge, North Arcot at Vellore held that the application of the respondent was maintainable and reversed the order of the learned Subordinate Judge, It is against the order of the District Judge that the pro-sent civil revision petition is filed by the husband (petitioner ). 2a. When the order dated 2-8-1952 was passed in O. P. 25 of 1952, Madras Act VI of 1949 (The Madras Hindu (Bigamy Prevention and Divorce) Act) was in force. The Central Act XXV of 1955 (The Hindu Marriage Act) came into force long after that date, that is on 18-51955. Section 4 (b) of the Central Act provides that-

(3.) THE next Question for consideration relates to the jurisdiction of the Vellore Sub court to entertain the petition filed by the respondent to set aside the ex parte order. Sholinghur, wherein the parties are residing, was originally within the territorial jurisdiction of the Chittoor Suto Court. On the formation of the Andhra state, Sholinghur was tacked on to the territorial jurisdiction of the Vellore Sub court and Chittoor Sub Court became part of the Andhra State. As per G. O. 3058 home Dept, D/- 29-9-1953, Vellore Sub Court got territorial jurisdiction over sholinghur. It was contended by the petitioner in the court below that the. order of dissolution having been, passed by the Chittoor Sub Court, it was not open to the respondent to go to the Vellore Sub Court to have the ex parte order set aside and that it is only the court which passed the ex parte order that son set it aside. The learned District Judge rightly repelled this contention and came to the conclusion that it is only the Vellore Sub Court that has got jurisdiction. The petition itself was filed Under Section 150, C. P. C. and Order IX, Rule 13 C. P. C, section 150 provides that-