REGENT COMPUTRONICS PVT. LTD.

KOPPARTHI SATYANARAYANA Appellant

V/S

KOPPARTI SEETHARAMAMMA Respondents

Referred Judgements :-

SUKRIBAI V. POHKALSINGH [REFERRED TO]
BAIJNATH V. HIRAMAN [REFERRED TO]
KASUBAI V. BHAGWAN [REFERRED TO]
VARALAKSHMI V. VIRAMULU [REFERRED TO]
CENTRAL BANK OF INDIA VS. THEIR WORKMEN [REFERRED TO]
B RATAN CHAND VS. KALAWATI [REFERRED TO]
LAKSHMI AMMAL VS. NARAYANASWAMI NAICKER [REFERRED TO]
ANJANI DEI VS. KRUSHNA CHANDRA [REFERRED TO]
KULAMANI HOTA VS. PARBATI DEBI [REFERRED TO]
MUSUNURU NAGENDRAMMA VS. MUSUNURU RAMAKOTAYYA [REFERRED TO]
LAXMIBAI WAMANRAO VS. WAMANRAO GOVINDRAO [REFERRED TO]
PT RAM PARKASH VS. SAVITRI DEVI [REFERRED TO]
GOPAL VS. KALLU [REFERRED TO]
LALA DUNI CHAND VS. MT ANAR KALI [REFERRED TO]
PALANISWAMI GOUNDAR VS. DEVANAI AMMAL AND ORS. [REFERRED TO]
SIDDA SETTY VS. MUNIAMMA [REFERRED TO]

JUDGEMENT

(1.) The question referred to the Full Bench is whether Clause (4) of Section 2, Hindu Womens Right to Separate Residence and Maintenance Act (19 of 1946) (hereinafter referred to as the Act) is applicable only if the husband contracts a marriage after the Act or whether the words marries again are merely descriptive of the position of the husband as a twice married man at the date when the proceedings are taken under the Act, and they do not exclude from their operation the husband, who has taken a second wife before the Act. This point arises in all these appeals, some preferred by the wives and others by the husbands. For the sake of convenience, we will refer to the husbands as appellants and the wives as respondents.

(2.) The answer to this question turns upon the interpreation of Clause (4) of Section 2 of the Act. That section is in these words;

(3.) In this enquiry, we are called upon to interpret the expression if he marries again occurring in Clause (4). So, the problem to be solved is whether a wife, whose husband had taken another wife before the commencement of the Act, could obtain the benefit of that section.

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KOPPARTHI SATYANARAYANA Vs. KOPPARTI SEETHARAMAMMA

Referred Judgements :-

JUDGEMENT

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