MADHUSUDAN Vs. BHANUMATI

JUDGEMENT

(1.) This is a reference made by the 4th Additional Judge to the Court of District Judge, Jabalpur for decision where the vires of Sec. 9 of the Hindu Marriage Act were challenged.

(2.) The learned Judge, in para 4 of the reference, has observed thatan objection was raised before him by the wife respondent in proceedings under section 9 of the Hindu Marriage Act, instituted by the husband that section 9 of the Act runs contrary to the provisions of Art. 21 of the Constitution of India and, therefore, is ultra vices The learned Judge, in para4, has observed that he is satisfied that section 9 is ultra vires and he has based his opinion on the decision reported in AIR 1983AP 356 : DMC 1983 (II) 172 (T. Sareetha Vs. T. Venhata Subhaiah) ,and he has made this reference for decision about the constitutional validity of section 9 of the Hindu Marriage Act.

(3.) Learned counsel Shri H.S. Dubey appearing for the petitioner in the Court below, referred to the decision of their Lordships of the Supreme Court reported in AIR 1984 SC 1562 : DMC 1984 (11) 325 (Smt.Saroj Rani Vs. Sudarshan Kumar Chadha) where their Lordships have overruled the decision of the Andhra Pradesh High Court on which reliance was placed by the learned A.D.J., while making this reference. In the aforesaid decision, their Lordships have observed as under :