SUBBIAH Vs. ABDUL KATHAR

JUDGEMENT

(1.) Heard.

(2.) Mr. De Costa, learned Senior Advocate appearing for respondent raises a preliminary objection about the maintainability of the appeal in the High Court. He submits that the appeal filed in the High Court was incompetent, as the appeal had to be filed in the District Court only. He prays for dismissal of the appeal as incompetent.

(3.) A brief narration of facts is necessary for considering the objection. The appellant and the respondent are husband and wife. The appellant filed a suit, bearing Special Civil Suit No.39/1994 (renumbered as Matrimonial Civil Suit No.5/2000/A). against the respondent for dissolution of their marriage in the Court of Civil Judge. Sr. Division, at Ponda. The appellant valued the suit in the sum of Rs.75,000/- for the purposes of jurisdiction. The Trial Court, upon consideration of the evidence, dismissed the suit of the appellant by its Judgment and Order dated 30th March, 2002. Aggrieved by the decision of the learned Civil Judge. Sr. Division, Ponda, the appellant filed the appeal in this Court on 24th June, 2002. A short question that arises for consideration is :