LAWS(KAR)-1960-6-4

MALLAPPA Vs. MALLAVA

Decided On June 21, 1960
MALLAPPA Appellant
V/S
MALLAVA Respondents

JUDGEMENT

(1.) An interesting point of law is raised regarding jurisdiction. Briefly stated the facts leading up to this present appeal are as follows: Mallappa, the present appellant filed a petition in the Courts of the District Judge, Dharwar under Ss. 11 and 12 of Hindu Marriage Act, Act 25 of 1955 against his wife Mallavva, the respondent in the present case. He alleged among other things that he was kidnapped and taken away from his home and by force and framed he was married to Mallava. That contention was met by Mallava who denied any such force or fraud on her part or on the part of her relations for bringing about the marriage. But on the other hand, she alleged that because the appellant fell in love with her, the marriage was celebrated thereby putting an end to the feuds and quarrels that existed between the respective families. In fact the hatchet was buried by this relationship. The petitioner-appellant prayed for declaring the marriage null and void. The case was transferred by the District Judge, to the Court of the Civil Judge, Senior Division, Dharwar, for disposal. The learned Civil Judge dismissed his petition, against which, Mallappa has filed the present miscellaneous appeal before this Court. At the time of hearing of this appeal it was brought to the notice of this Court that the appellant who was a minor during the conduct of the case and was represented by his maternal uncle Shivappa as guardian has since attained majority. The guardian is therefore discharged and the appellant is permitted to pursue the remedies open to him.

(2.) A preliminary objection was raised by Sri Reddy, the learned advocate for the respondent that no appeal lies to this Court against the order passed by the Civil Judge. On the other hand, an appeal lies to the Court of the District Judge at Dharwar in the first instance.

(3.) There seems to be great force in the argument so advanced. A brief reference to a few provisions of the Hindu Marriage Act is necessary. Section 19 determines the Court to which the petition should be made and it runs as follows: