MARY REGINA Vs. S SOURIRAJAN

JUDGEMENT

(1.) THESE two revision petitions arise out of the same order passed by the learned Principal Subordinate Judge, Pondicherry, granting an amendment of the Judgment and decree dated 25-3-1987 made in M.O.P.No.20 of 1987. C.R.P.No.1237 of 1988 is filed by the husband while C.R.P.812 of 1988 is filed by the wife.

(2.) THE parties hereto filed a petition for divorce by mutual consent before the Principal Subordinate Judge, Pondicherry on 18-11-1986. That petition was filed by them under the provisions of the French Code Civil. When the Court returned the petition pointing out that the application would not be maintainable under the French Code Civil and the proper remedy of the parties would to file a petition before the proper forum, under the Special Marriage Act, it was represented with an endorsement that the Code Civil would be applicable and that the counsel would like to argue the matter before the Court. THE Office was requested to post the matter in open Court for arguments. That endorsement was made on 18-2-1987. THE matter was called in open Court on 3-3-1987. After hearing Counsel, the Court directed the office to number the O.P. leaving open the point of jurisdiction for enquiry by the trial Court.

(3.) THE Principal Subordinate Judge, Pondich-erry who heard the application for amendment, took the view that the prayer in the petition to waive past maintenance before the filing of the O.P.would amount to defeating the order passed by the Magistrate of the Bangalore Court and it would be against the public policy to nullify the past order of the Court. However, with regard to future maintenance, the learned Subordinate Judge held that the parties could agree to waive the same and the petition should be ordered to that extent. Consequently, he allowed the application for amendment and directed the judgment and decree to be amended so as to include a relief to the effect that the petitioners have no claim for future maintenance against each other. THE actual clause in the decree after the amendment reads thus: "That the petitioners have no claim for future maintenance against each other from the date of filing of O.P. on 18-11-1986."