CHANDRA SWAROOP SINHA Vs. MANORAMA SINHA

JUDGEMENT

(1.) First Appeal No. 80 of 1978 and Second Appeal No. 1167 of 1968 have both come up before this Court on a reference made by Hon'ble Deoki Nandan, J., vide his order of reference dated 23rd August, 1979.

(2.) In First Appeal No. 80 of 1978 the point before the learned single Judge was about the maintainability of the appeal as it was directed against a decree passed by the Judge, Small Cause Court, Varanasi, while deciding the proceedings under the Hindu Marriage Act. Since the learned single Judge had already referred Second Appeal No. 1167 of 1968 Smt. Mithilesh Kumari v. Ambika Prasad Tiwari for re-consideration by the Division Bench of the decision of Hon'ble Oak, J. in Shesh Narain Dixit v. Smt. Savitri (1966 All LJ 833) : (AIR 1967 All 156) the question involved in First Appeal No. 80 of 1978 was also referred to this Bench.

(3.) In Second Appeal No. 1167 of 1968 the appellant had filed a petition against her husband in the District Court. Varanasi, for annulment of her marriage by a decree of nullity and in the alternative for a decree of divorce or judicial separation under the Hindu Marriage Act, 1955. After the matter had remained pending for some time before the District Judge, Varanasi, it was transferred to the court, Judge, Small Causes, Varanasi for decision. The petition was dismissed by the trial court and an appeal against it was also dismissed by the II Addl. District Judge, Varanasi against which Second Appeal No. 1167 of 1968 has been filed by the wife,