The Calcutta Weekly Notes September 6 1948

5. NotwAlistanding any text rule or in terpretation of the Hindu Law or any custom or usage a wife may present a petition to the District Court or to the High Court praying that her marriage may be dissolved on the ground that the husband has another wife married before or after the commencement of this Act and living at the time of the institution of the suit. [...] The Province of East Bengal was prompt in challenging the jurisdiction of the Indian Court to entetain the suit ; but the Court having rejected the contention the Province of East. [...] In the case of the Province of East Begal v. The State of Tipperah two points have been settled : First that in order that a condition as to security for costs may be imposed it is not essential that the party concerned should be the Plaintiff in the suit; if it is he who sets the Court in motion he may be called upon to furnish security for the costs of the proceeding which results; it is [...] Counsel for the Petitioner after taking time to consider contended that the Pettioner was the Defendant in the suit and therefore cannot be called upon to furnish security ; that the Plaintiff was in no worse position as respects - costs of the Rule than fGr costs of the suit. [...] The Court observed that the Pettioner was in the position of a Plaitiff in the Rule and not in the position of a.Defendant; the Plaintiff was not prceeding on the footing that the Defendant was a foreign and independent country but on the footing that the Defendant was amenable to the jurisdiction of the Alipore Court for the purpose of the suit ; the case of Duff Development Co.