- (1.) In connection with an appeal under section 28 of the Hindu Marriage Act 25 of 1955, which came before Bishan Narain J., a question of jurisdiction arose which has been referred by him for decision by a larger Bench and has been formulated by him in the following two questions : (1) Whether the Court of Additional District Judge can be considered to be the principal civil Court of original civil jurisdiction within section 19 of the Hindu Marriage Act (2) If not, can the District Judge transfer a case under the Hindu Marriage Act to the Court of Additional District Judge, and on such a transfer he would have jurisdiction to hear and decide the case
(2.) Section 19 of the Hindu Marriage Act prescribes that every petition under the Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together. In section 3(b) "district court" is defined as meaning, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act.
(3.) The relevant provisions regarding civil courts in this State are contained in Chapter 3 of the Punjab Courts Act 6 of 1918. Section 18 reads :- "Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887, and the Courts established under any other enactment for the time being in force, there shall be the following classes of civil Courts, namely :- (1) The Court of the District Judge; (2) The Court of the Additional Judge; and (3) The Court of the Subordinate Judge".;