RANJANA MINA (SIMAN) JONES, WIFE OF ARUN KUMAR STAULY JONES Vs. ARUN KUMAR STAULY JONES, SON OF MR. STANLY JONES

JUDGEMENT

(1.) The present reference has been sent by Principal Judge, Family Court, Bhojpur, Arrah on 24th of Feb., 2007 for confirmation of decree of divorce in Divorce Suit No. 33/98 instituted on 2nd of Nov., 1998.

(2.) The decree for divorce was granted on 5th of June, 2006 and thereafter the matter has been referred to this Court under Sec. 17 of the Indian Divorce Act, 1869, since repealed by Central Act No. 51 of 2001 with effect from 3rd of Oct., 2001. The said reference was sent to this Court for confirmation of decree of divorce in view of the decision of this Court in a case reported as Mrs. Larley Vs. Mr. John @ Johny C.A., 2004(3) R.C.R.(Civil) 405 : 2004 (1) P.L.J.R. 564 wherein, it has been, inter alia, held that right of appeal is a vested right and such a right to enter the superior court accrues to the litigant and exists as on and from the date the lis commences, although it may actually be exercised when the adverse judgment is pronounced.

(3.) We find that said judgment is not applicable to the facts of the present case as Sec. 17 of the Divorce Act, 1869 was substituted vide Central Act No. 51 of 2001 with effect from 3rd of Oct., 2001. As per the original provision of Sec. 17, the decree for divorce could not be given effect to unless it is confirmed by the High Court. Such provision stands substituted with other provision conferring power on the High Court to remove a suit filed under the provisions of the said Act itself under the substituted Sec. 17 of the Act. Sec. 55 of the Divorce Act, 1869 as amended, confers right of appeal to an aggrieved person against the decree granted by the District Judge.