BHARATBHAI H RAWAL Vs. JYOTSANABEN

JUDGEMENT

(1.) This is an appeal under Sec. 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 21-4-1997 recorded by the learned Second Extra Assistant Judge, Ahmedabad (Rural) at Mirzapur in Hindu Marriage Petition No. 7 of 1995, whereby the learned Judge was pleased to dismiss the said petition of the present appellant filed under Sec. 13(l)(a) and under Sec. 13(l)(b) of the Hindu Marriage Act, 1955 (for short 'the Act') for getting divorce against the present respondent on the grounds of cruelty and desertion.

(2.) . The appeal was admitted on 4-10-2000 by this Court. The respondent was served and Mr. Ashish H Shah, learned Advocate appears on behalf of the respondent. I have heard the learned Advocates for the parties and have perused the papers. At the commencement of argument, a preliminary objection was raised about maintainability of the appeal.

(3.) . It is clear that the Hindu Marriage Petition filed by the present appellant was dismissed by the learned Second Extra Assistant Judge, Ahmedabad (Rural), Mirzapur. The question is whether the appeal lies to the District Court or to the High Court. For the said purpose, it is required to consider the provisions made in Sec. 16 of the Bombay Civil Courts Act, 1869 read with Sec. 28 of the said Act.