KAMUBEN BHIMABHAI Vs. LAKHABHAI VITHALBHAI

JUDGEMENT

(1.) The appellant Kamuben Bhimabhai was the opponent in Hindu Marriage Petition No. 13 of 1979 which was filed by the respondent Lakhabhai Vithalbhai for divorce under sec. 13 of the Hindu Marriage Act 1955 The divorce was sought for by the respond-ent on the ground of legal cruelty and desertion for a continuous period exceeding two years immediately preceding the presentation of the petition. The learned trial Judge did not grant the relief of divorce to the respondents but instead granted him a decree of judicial separation from the appellant. Hence the present appeal is filed by the appellant.

(2.) When the matter was taken up for hearing Mr. G. D. Bhatt the learned Advocate for the respondent herein raised a preliminary objection to the effect that the order of judicial separation was passed by the Extra Assistant Judge Narol and that an appeal from the judgment and order of the Extra Assistant Judge would lie to the District Judge at Narol and not to the High Court. Mr. Bhatt submitted that the present appeal before this Court is not competent. Since the contention raised by Mr. Bhatt related to the question of jurisdiction I heard it as a preliminary issue without going into the merits of the matter.

(3.) Mr. G. D. Bhatt started his submission by inviting my notice to paragraph 17 of the original application wherein it is stated that for the purpose of court-fees advocate fees and jurisdiction the valuation was made at Rs. 5 and a fixed court-fee stamp of Rs. 37-50 was utilised for the purpose of court-fees. Mr. Bhatt then referred me to secs. 16 24 25 and 26 of the Bombay Civil Courts Act 1869 Sec. 16 reads as under :