Janardhanan vs Syamala Kumary on 15 January, 1990
The Bombay High Court has held in State v. Sharanappa Malappa(1977 Bombay Law Reporter 143) that provisions in Order 23 of the Code are inconsistent with Section 23 of the Hindu Marriage Act and hence the former cannot be applied in proceedings under the Act. Vimadalal, J. has observed in the said decision thus:--