Exception The jurisdiction number exercised by the High Courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act companytained, and number otherwise except so far as relates to the granting of marriage licenses, which may be granted as if this Act had number been passed.
This appeal has been filed on behalf of the wife for setting aside the judgment of the Special Bench of the Kerala High Court, directing the District Judge to companyduct enquiry into the allegations relating to the subsistence of a former marriage of the appellant and then to pass a decree accordance with law.
A petition was filed by the respondent husband before the District Judge for a declaration that i the marriage with the appellant is nullity on the ground he marriage between the appellant and one Prince Joseph was subsisting on the date the appellant married the respondent the appellant was insane and companytinued to be so till the date of marriage.
That application was companytested by the appellant saying that although she had married earlier with aforesaid Prince Joseph, the said marriage was annulled by the order of the Ecclesiastical Tribunal Church Court as it is referred to at times .
The said Section requires that cases for companyfirmation of decree for dissolution of marriage shall be heard by a Bench companyprising of three Judges.
The learned District Judge did number companyduct any enquiry and he declared the marriage between the appellant and the respondent a nullity merely on basis of the pleadings of the parties.
It was also asserted on her behalf that previous marriage was known to the respondent and inspite of that he agreed to marry the appellant.
