SATYAWATI DEVI Vs. RAM JI SRIVASTAVA

JUDGEMENT

(1.) THIS is a wife's application in revision which arises out of a suit for divorce brought by her husband Ramji Sri vastava. The suit was instituted in the Court of Judge, Small Cause Court, Vara nasi. The learned Judge decreed the suit. The applicant challenged the decree by way of revision before the 2nd Additional Dis trict Judge, Varanasi. The only objection raised before the Court below was that the Small Cause Court Judge had no jurisdiction to entertain the suit. The learned Judge re pelled the objection and dismissed the revi sion. His order has been challenged in re vision before me.

(2.) LEARNED counsel for the appli cant has contended that a suit for divorce is excepted from the cognizance of the Court of Small Causes under Clause (37) of the Second Schedule of the Provincial Small Cause Courts Act (hereinafter referred to as the Act). There is no doubt that a'Small Cause Court Judge cannot take cognizance of a suit for divorce.

(3.) LEARNED counsel has also drawn my attention to the fact that the trial court judge is described as Small Cause Court Judge in his judgment and he has also sign ed it as such. There is no denying the fact that the learned Judge was a Small Cause Court Judge. Mere description as such does not take away the fact that he was trying the suit as a District Court within the mean ing of the Hindu Marriage Act.