VALLIAMMAL AMMAL Vs. PERIASWAMI UDAYAR

JUDGEMENT

(1.) THESE matters have been referred by the office for directions as to the maintainability of the above appeals. S. R. No. 37109 is an appeal against an order for judicial separation under S. 10 (1) of the Hindu Marriage Act of 1955. The petition for judicial separation was filed by the husband on 10-9-1957 in the Sub-Court, Tanjore. S. R. No. 14179 is an appeal against an order dismissing an application for divorce. That petition was filed by the husband who is the appellant on 17-12-1956 in the District Court of Tiruchirapalli. The petition was later transferred by the District Judge to the Subordinate Judge of tiruchirapalli, who passed an order dismissing the petition. S. R. No. 27783 is a C. M. S. A. against an order of the District Judge of South Arcot at Cuddalore, reversing the order of the Sub-Court and granting a decree for restitution of conjugal rights. The application was filed in the year 1956 originally in the District court It was later transferred for disposal to the Subordinate Judge. The subordinate Judge dismissed the application. On an appeal filed to the District court by the husband an order for restitution of conjugal rights was passed. A C. M. S. A. is sought to be preferred to this Court against the order.

(2.) THESE references raise a question as to whether an appeal against an order passed by the Subordinate Judge under Sections 10, 13 or 9 of the Hindu Marriage act, 1955 would lie to the appropriate District Court or to the High Court direct. Prior to the passing of the Central Act XXV of 1955, there was a legislation in this state in respect of certain matrimonial disputes amongst Hindus. The Madras hindu Bigamy Prevention and Divorce Act of 1949 declared all bigamous marriages by a Hindu void and punishable. It also provided for dissolution of certain marriages. Jurisdiction under that Act was given to the Subordinate Judges, district Judges and City Civil Judges within the limits of whose jurisdiction the marriage was solemnised or the respondent resided. Against any order passed on the petition by anyone of the aforesaid Judges an appeal was declared to lie directly to the High Court.

(3.) THE Hindu Marriage Act, 1955, Act XXV of 1955, was passed to codify the Hindu law of Marriage. By so doing it has effected important changes in the marriage law. It granted rights of divorce, judicial separation and permanent alimony. It is unnecessary for the present purpose to refer to the Other changes introduced by the Act in regard to the Hindu law relating to marriages. The Act also provided for remedy in respect of the new rights created by it. The Act dealt with the preexisting rights of either of the spouses to sue in a civil court for restitution of conjugal rights. Section 9 provided for restitution of conjugal rights; Section 10 for judicial separation. Sections 11 and 12 related to void and avoidable marriages and section 13 related to divorce.