GHAMAJI NANA BANSODE Vs. ASHA GHAMAJI BANSODE

JUDGEMENT

(1.) THIS is the husband's appeal against the judgment dated 26.11.1991 in Marriage Petition No. 31 of 1988 on the file of II Joint Civil Judge, Senior Division, Thane. Today, the appeal is taken up for final hearing. None appeared for the appellant. Heard Mr. B.J. Mulchandani, the learned Counsel appearing for respondent.

(2.) THE appellant -husband filed a petition for declaration that marriage between him and the respondent as nullity and alternatively for divorce. His case was that his consent for marriage was taken without disclosing that the respondent was suffering from T.B. and thereby fraud has been committed in obtaining his consent. He, therefore wants the marriage to be declared a nullity. Then he also alleged mental cruelty and desertion on the part of the wife and on these two grounds he wanted the decree for divorce. Respondent -wife appeared in the Trial Court and contested the proceedings by filing written statement. After framing appropriate issues and after trial, the learned Trial Court dismissed the petition. Being aggrieved by that order, the appellant has come up with the present appeal.

(3.) THE judgment in this case was delivered by the Civil Judge, Senior Division, under the Bombay City Civil Court Act; normally, the appeal from a judgment or order by the Civil Judge, Senior Division, lies to the District Court of the particular district. But in the present case, the appeal has been filed directly in the High Court. The question is whether the appeal is maintainable in this Court or not.