GLTANJAII PANIGRAHI Vs. SITANSU SEKHAR DASH

JUDGEMENT

(1.) THIS is an appeal by the wife against the ex parte decree for dissolution of marriage passed by the learned Civil Judge (Senior Division), Angul, under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") disposing of MAT Suit No. 49 of 2005 filed by the husband.

(2.) FROM the averments made in the memorandum of appeal and the application filed under Section 14 of the Limitation Act, it appears that after disposal of the suit on 4.10.2005, the Appellant wrongly filed an appeal before the learned District Judge, Dhenkanal on 22.11.2005 under Section 28 of the Hindu Marriage Act, 1955 and the same was registered as Appeal No. 51 of 2005. On 12.12.2005 when the Appellant moved an advance petition, the learned District Judge, without considering the same, transferred the appeal to the learned Additional District Judge, Angul with a direction to the Appellant to appear before the said Court on 17.12.2005. But on 14.12.2005 when it was discovered that the said appeal was to be filed before this Court, the Appellant filed the present appeal before this Court on 15.12.2005. However, pursuant to the aforesaid direction of the learned District Judge, the Appellant appeared before the learned A.D.J., Angul on 17.12.2005 and withdrew the appeal. The present appeal was listed for the first time on 19.1.2006 for removal of the defect as pointed out by the Stamp Reporter that the Appellant had not valued the appeal. On 27.2.2008, the Appellant valued the appeal at Rs. 50,000/ -. Due to the said valuation, the appeal was to be filed before the District Judge in view of Section 16(2)(a) of the Orissa Civil Courts Act, 1984 which is extracted hereunder for better appreciation.

(3.) THE learned Counsel for the Appellant submitted that in view of Section 19 of the Act, every petition under the Act shall be presented to the District Court within the local limits and hence, this appeal shall lie to this Court and not to the District Court.