NRUSINGH CHARAN NAYAK Vs. HEMANT KUMARI NAYAK

JUDGEMENT

(1.) This appeal has been carried by the defendant-husband against the decree of the learned Subordinate Judge allowing the wife's claim for restitution of conjugal rights. The application under S. 9 of the Hindu Marriage Act (hereinafter referred to as the 'Act') which was registered as a suit was not valued, but the appellant has valued the appeal at Rs. 100/- and has paid court-fee of Rs. 22.50 on the memorandum of appeal.

(2.) Counsel for the respondent raised objection to the maintainability of the appeal in this Court in view of the disclosed valuation in the memorandum of appeal and pressed for an order to that effect being passed. Mr. Patra for the appellant, however, does not accept the objection and contends that the appeal lay to this Court.

(3.) Section 9 of the Act provides that the application for restitution of conjugal rights has to be made to the District Court. District Court has been defined in S. 3 (b) of the Act to mean