JOSEPH VARGHESE CHEERAN Vs. ROSY KURIAN KANNAIKAL

JUDGEMENT

(1.) THIS appeal has been filed under Section 19 (1) of the Family courts Act, 1984, (in short "the Act") against the judgment and decree dated 5th December 1998 passed by the Family Court, Bangalore, in M. C. No. 648/94 dissolving the marriage between the contesting parties under the provisions of the Indian Divorce Act, 1869 (in short the 'divorce Act' ). .

(2.) ON the other hand, the Family Court in purported compliance to Section 17 of the Divorce Act, has remitted the impugned decree of dissolution of marriage to this Court for confirmation by a three judges Bench, which has been numbered as C. R. C. 31/99.

(3.) UNDER the aforesaid circumstances, it has become imperative on our part to ascertain as to whether the present appeal can be held to be maintainable because otherwise in substance it will amount to sitting in appeal against the judgment of a three Judges Bench of this Court confirming or disapproving the decree of dissolution of marriage, which will be ex facie impermissible. Therefore, Section 17 of the Divorce Act requiring confirmation of decree of dissolution by a three Judges Bench of this Court and the remedy of appeal provided under Section 19 of the Act to a Division Bench of this court cannot stand together. As such either of the provisions has to give way to the other.