SHESH NARAIN DIKSHIT Vs. SAVITRI

JUDGEMENT

(1.) THIS is an appeal under the Hindu Marriage Act. Shesh Narain Dikshit filed a petition against Smt. Savitri Devi for judicial separation under Section 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.) SECTION 19 of the Hindu Marriage Act mentions the court to which a petition should be made. It is stated in Section 19 that every petition under the Act shall be presented to the District court. The expression 'District court' has been defined in Clause (b) of Section 3 of the Hindu Marriage Act. "district court" means, 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;" It will be seen that under Clause (b) of Section 3 of the Act, the State Government has been empowered to authorise various Civil Courts to function as 'District Court' under the Hindu Marriage Act. Acting under that authority, the State Government has empowered a number of civil courts in Uttar Pradesh to have jurisdiction as District court under the Hindu Marriage Act. The Government notification dated 11- 10-1956 is to be found in the Allahabad Law Times, 1956, Part V on page 115. In the list of Officers mentioned in that Government notification we find such authority conferred on four Officers of Kanpur: (1) Civil and Sessions Judge, Kanpur, (2) Judge, Small Cause Court, Kanpur, (3) First Civil Judge, Kanpur, and (4) II Civil Judge, Kanpur. It is on the strength of that Government notification that Sri Ram Chandra, Judge, Small Cause Court, Kanpur disposed of the present petition under Section 10 of the Hindu Marriage Act.