V.G. Oak, J. - (1.) This is an appeal under the Hindu Marriage Act. Shesh Narain Dikshit filed a petition against Smt. Savitri Devi for judicial separation under Sec. 10 of the Hindu Marriage Act. The petition was dismissed by the learned Judge, Small Cause Court, Kanpur on 23 -12 -1957. This appeal by Shesh Narain Dikshit is directed against that judgment and decree, dated 23 -12 -1957.
(2.) Mr. H. N. Seth appearing for the respondent has raised a preliminary objection that the appeal is incompetent. He points out that the judgment under appeal was given by a Small Cause Court. He pointed out that under the Provincial Small Cause Courts Act no appeal lies from a decision of a court of Small Causes (Section 27 of Provincial Small Cause Courts Act).
(3.) The learned counsel for the appellant relies upon Sec. 28 of the Hindu Marriage Act. Sec. 28 of the Hindu Marriage Act states : "All decrees and orders made by court in any proceeding 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,.........." It will be seen that, although Sec. 28 of the Hindu Marriage Act provides for appeals from decrees, no particular forum of appeal is mentioned in that Section. For ascertaining the forum of appeal, if any, we must refer to the appropriate statute.;