K.C.Agarwal, J. - (1.) DOUBTING the correctness of a decision reported in Indraj v. Smt. Shanti : 1978 AWC 314 a learned Single Judge made reference of the following question to the Full Bench: Whether a second appeal is maintainable from an appellate decree in a proceeding under the Hindu Marriage Act, after its amendment by the Marriage Laws (Amendment) Act, 1976, and, if so, whether the limitation for filing it is 30 days or 90 days?
(2.) THE aforesaid question raises two controversies. The first is about maintainability of a second appeal as against a decree of the lower appellate Court passed Under Section 28 of the Hindu Marriage Act and the second is of limitation for filing a second appeal in the High Court. The facts briefly stated are that B.P. Sharma, the Respondent, filed petition Under Section 13(i)(a) of the Hindu Marriage Act for divorce against his wife, Smt. Prem Lata Sharma, on the ground that she had sexual intercourse with Respondent No. 2 after the solemnisation of the marriage. The petition was contested by his wife, Smt. Prem Lata Sharma, who is the Appellant in this appeal. On March 27, 1980, the Civil Judge, Dehradun, dismissed the petition against which Bhagwat Prasad Sharma, Respondent No. 1, preferred an appeal to the District Judge, who allowed the petition Under Section 13(i)(a) on 19th May, 1981 and dissolved the marriage. Against this judgment and decree, Smt. Prem Lata filed the present second appeal.
(3.) IN the second appeal, a preliminary objection to its maintainability was raised by Respondent No. 1. The Appellant controverted the preliminary objection by relying on the decision in Indraj v. Shanti : 1978 AWC 314, casting doubt on the correctness of the view taken in that case, the present reference has been made.;