LAWS(APH)-1965-9-10

KUPPALA KRISHTAPPA Vs. N SUBBAMMA

Decided On September 17, 1965
KUPPALA KRISHTAPPA Appellant
V/S
N.SUBBAMMA Respondents

JUDGEMENT

(1.) An application under section 13 of the Hindu Marriage Act was filed by the petitioner before the trial Court, i.e., Subordinate Judge's Court, Anantapur, for dissolution of marriage. That application, after proper inquiry, was rejected on merits. An appeal against that order therefore was preferred to the District Judge, Anantapur. A preliminary objection was raised that the appeal did not lie to the District Court but lies to the High Court. Rejecting that preliminary point and following the Madras decision, the learned District Judge considered the appeal on merits and disallowed it. This revision petition is against the order of the District Judge given on 14th February, 1962.

(2.) The contention of the learned Advocate for the petitioner is that the Madras view referred to in the judgment of the Court below is not approved by this Court. See Rama Rao v. Kumari, (1963) 1 An.W.R. 54 : C.R.P. No. 974 of 1961 of this Court. According to that decision, the appeal does not lie to the District Judge against an order of the Subordinate Judge in a petition under section 13 of the Hindu Marriage Act but it lies to the High Court. In that view of the matter, the appeal heard by the District Judge was erroneous. He had no jurisdiction to hear the appeal.

(3.) Consequently, this Revision Petition is allowed, the order of the Court below set aside and the District Judge is directed to return the appeal to the appellant for its presentation to the High Court. There will be no order as to costs. Revision allowed; Directions given.