SANDHYA Vs. DINESH

JUDGEMENT

(1.) THE applicants have filed this civil revision against rejection of their application Under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure (for short "the Code"), in a suit for declaration filed before the First Additional District Judge, Ujjain seeking a. declaration that the marriage be declared dissolved,as the dissolution has already been taken place as per the recognised custom prevailing in the caste of the plaintiffs and defendants. The Trial Court rejected the aforesaid application on the ground that the suit is main-tamable and before granting such a decree for declaration it is necessary to hold an inquiry about the prevailing custom and then only customary divorce can be recognised by the Court and a declaratory decree can be granted.

(2.) THE Trial Court placing reliance on a decision in the case of P. Mariammal v. Padmanabhan, reported in AIR 2001 Madras, has rejected the aforesaid application of the applicants holding therein that such suit is not barred by any law.

(3.) I have heard learned Counsels for parties and perused the record.