- (1.) In these three matters pending examination before being admitted to register, the Appeal Examiner has raised the question whether the Second Appeals sought to be filed are maintainable.
(2.) The original proceedings out of which these matter arise were petitions for divorce filed under Section 13 of the Hindu Marriage Act ( Central Act No. 25 of 1955) before the Civil Judge, Senior Division, Belgaum. After the conclusion of those proceedings , there were appeals under Section 28 of the Act presented to the District Court. The proposed Second Appeal are directed against the decisions of the appellate Court.
(3.) The appellants claim that the Second Appeals are maintainable under Section 28 of the Hindu Marriage Act read with Section 28 of the Hindu Marriages Act reads as follows : " All decrees and orders made by the Court in any proceedings under this Act shall be enforced in like manner as the decrees and orders of the Court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force. Provided that there shall be no appeal on the subject of costs only.";