KUMAR RAJU Vs. REETA KUMARI

JUDGEMENT

(1.) This appeal is directed against the order dated 8-11-2001 passed by the learned Single Judge in Miscellaneous Appeal No. 462 of 2001 holding that the Miscellaneous Appeal is not maintainable against the order dated 4/07/2001 passed by Addl. District Judge IIIrd, Begusarai dismissing the petition filed under the Hindu Marriage Act (hereinafter referred to as the Act) for decree of divorce under Section 13 of the Act.

(2.) The appellant filed a petition for grant of decree of divorce being Divorce Case No. 2 of 1997/14 of 2000, under Section 13 of the Act against the opposite party, his wife. The said petition was dismissed on 4/07/2001 as stated above. However permanent alimony and cost was awarded while dismissing the aforesaid petition.

(3.) The Stamp reporter raised objection on 12-10-2001 that the First Appeal is maintainable and not the Misc. Appeal as the order passed under Section 13 of the Act either granting a decree for divorce or refusing the same is a decree under the Act. The appellant contested the aforesaid matter before the learned single Judge who as stated above accepted the stamp report and held that the First Appeal is maintainable.